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The program will be concerned with the main aspects of substantive administrative law and comparative administrative law. The program aims at providing theoretical as well as critical knowledge of administrative law, paying attention to the normative development and to the contributions of case law and legal literature. The course is also aimed at outlining an historical and comparative frame of administrative law, focusing on the influence that EU law and global law have on administrative law. At the end of the program, the student who has actively attended the course may be able to apply the knowledge acquired to solve practical problems concerning the relationship between administrative agencies and private persons, including the issues that could be dealt with in judicial litigation. In particular, the following topics will be dealt with: 1. Introduction: units and methods of comparison 2. Evolution of Administrative law in a comparative perspective 3. European Administrative Law 4. Rule of Law and European legal order 5. Public administration and Administrative agencies in a comparative perspective 6. Public administration and agencies in E.U. 7. Administrative decisions and rules 8. Administrative Procedure 9. Right to be heard and participatory guarantees 10. Transparency and Freedom of information 11. Transparency as fundamental right? 12. Judicial review of administrative action 13. Principle of effective judicial protection in Europe 14. Deference vs. hard look? The US experience 15. Liability of Public Administration 16. Administrative law and regulation of markets 17. Public services and public utilities 18. The future of Administrative law

In order to be admitted to the program, students must have passed the exams European Public Law. In order to better attend the course and to be able to pass the exam is essential a thorough knowledge of the main institutions of public and constitutional law (both from the point of view of institutional organization, both from the point of view of fundamental rights) and civil law (contracts, public and private property and civil responsibility). A basic knowledge of the economic analysis of law (acquired through courses in finance science or political economy) may be useful too.

Textbook: • M. D’Alberti, Units and methods of comparison, in P. Cane, H.C.H. Hofmann, E.C. Ip, and P.L. Lindseth (eds.), The Oxford Handbook of Comparative Administrative Law, Oxford, Oxford University Press, 2021, pp. 119-135. • S. Cassese, The Administrative State in Europe, in S. Cassese, A. von Bogdandy, P. Huber (eds.), The Max Planck Handbooks in European Public Law, Vol. 1: The administrative State, Oxford, Oxford University Press, 2017, pp. 57-97. • E. Chiti, J. Mendes, The evolution of EU Administrative Law, in P. Craig, G. De Burca (eds.), The Evolution of EU Law, Oxford, Oxford University Press, 2021, pp. 339-372. • L. Pech, The Rule of Law as a Well‐Established and Well‐Defined Principle of EU Law, in Hague Journal on the Rule of Law, n. 14/2022, pp. 107–138. • M. Shapiro, A comparison of US and European independent commissions (ch. 14); in S. Rose-Ackerman, P. L. Lindseth, B. Emerson (eds.), Comparative administrative law, II ed., Cheltenham (UK)- Northampton (USA), Edward Elgar Publishing, 2017, pp. 234-240. • E. Chiti, The Agencification process and the Evolution of the EU Administrative System, in P. Craig, G. De Burca (eds.), The Evolution of EU Law, Oxford, Oxford University Press, 2021, pp. 123-155. • B.G. Mattarella, Law and Discretion: a Public Law Perspective on the EU, in J. Mendes (ed.), Eu Executive Discretion and the Limits of Law, Oxford, Oxford University Press, 2019, pp. 21-39. • G. della Cananea, Commonality and Diversity in Administrative Procedure Legislation, in Id., The Common Core of European Administrative Laws: Retrospective and Prospective, Leiden, Brill, 2023, pp. 106-122. • J. Barnes, Administrative Procedure, in P. Cane, H.C.H. Hofmann, E.C. Ip, and P.L. Lindseth (eds.), The Oxford Handbook of Comparative Administrative Law, Oxford, Oxford University Press, 2021, pp. 832-855. • P. Craig, Natural Justice in UK Law: Continuity and Change from the 17th Century, in Aa.Vv. Liber Amicorum per Marco D’Alberti, Torino, Giappichelli, 2022, pp. 3-19. • P. Craig, Judicial review of questions of law: a comparative perspective, in in S. Rose-Ackerman, P. L. Lindseth, B. Emerson (eds.), Comparative administrative law, II ed., Cheltenham (UK)- Northampton (USA), Edward Elgar Publishing, 2017, pp. 389-404. • J. Mathews, Reasonableness and Proportionality, in P. Cane, H.C.H. Hofmann, E.C. Ip, and P.L. Lindseth (eds.), The Oxford Handbook of Comparative Administrative Law, Oxford, Oxford University Press, 2021. pp. 917-933. • A. Moliterni, Streamlining Judicial Review of Administrative Decisions. A Comparative Institutional Approach, in Rivista trimestrale di diritto pubblico, n. 2/2018, pp. 1-41. • D. Fairgrieve, Criminal and Civil Liability, in P. Cane, H.C.H. Hofmann, E.C. Ip, and P.L. Lindseth (eds.), The Oxford Handbook of Comparative Administrative Law, Oxford, Oxford University Press, 2021, pp. 811-827.

Students attending will be offered the opportunity to present cases and discuss judgments, including through the simulation of trials.

The final exam is oral and will be aimed at verifying the achievement of the educational objectives and the adequate understanding of the main issues of European and comparative administrative law. Account will be taken, in assessing the student's achievements and in particular the attainment of the top grade, of the student's capacity for reasoning and critical analysis, expository technique, as well as attendance and active participation in the classroom. Students attending the course will have the opportunity to be periodically evaluated through the presentation of relevant cases and judgments that will be previously charged by the teacher - for each teaching module - on the E-learning platform. The presentation of judgments and cases students should demonstrate an adequate critical capacity.

Further readings: • P. Craig, European Administrative Law, III ed., Oxford, Oxford University Press, 2018 • P. Cane, Controlling Administrative Power. An Historical Comparison, Cambridge, Cambridge University Press, 2016 • C. Harlow, P. Leino, G. della Cananea, Research Handbook on EU Administrative Law, Cheltenham (UK)-Northampton (USA), Edward Elgar Publishing, 2017 • S. Cassese (ed.), Research Handbook on Global Administrative Law, Cambridge, Cambridge University Press, 2015. • P. Craig, UK, EU and Global Administrative Law. Foundations and Challenges, Cambridge, Cambridge University Press, 2015. • M. D’Alberti, Diritto amministrativo comparato. Mutamenti dei sistemi nazionali e contesto globale, Bologna, il Mulino, 2019. • Zhu G., Deference to the Administration in Judicial Review: Comparative Perspectives, Cham (Switzerland), Springer International Publishing, 2019. • J.B. Auby, Comparative Law of Administrative Procedure, Bruxelles, Bruylant, 2015. • H.J. Blanke - R. Perlingeiro (eds.), The Right of Access to Public Information. An International Comparative Legal Survey, Berlin, Springer, 2018. • M. Ruffert (ed.), The Transformation of Administrative Law in Europe, München, Sellier European Law Publishers, 2007.

The lessons are based on a dialectic approach, interactive and dynamic, able to actively involve students. Particular emphasis will be given to the case-law approach, including through the examination of national and supranational judgments. Multimedia materials will also be used. Attendance to classes is not mandatory, although strongly recommended.