Teaching code

4S01095

Academic staff

Jacopo Bercelli, Paolo Duret

Coordinator

Jacopo Bercelli

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/10 - ADMINISTRATIVE LAW

Period

2nd lecture period (2A) dal Feb 13, 2023 al Mar 25, 2023.

Lessons timetable Moodle Seminars 0

Learning objectives

The course aims at analysing the scope of jurisdictional control of public bodies decisions, by providing students with the main tools to understand both the theoretical and practical problems arising out of judicial review.
The origins and development of our administrative courts review will be hence examined with special attention on jurisdiction problems, remedies, hearings, evidence and enforceability of courts decisions.
Case-study will complement frontal lectures.
The course will focus on the study of particularly interesting cases, with students discussing them.

Prerequisites and basic notions

Knowledge of the administrative law institutes dealt with in the Administrative Law 1 and 2 courses. Prerequisites: Passing the Administrative Law 1 and Administrative Law 2 Exams

Program

- Administrative justice: The concept and various systems of administrative justice.
- Evolution and characters of the Italian system.
- The division between ordinary jurisdiction and administrative jurisdiction.
• • Administrative justice: The concept and various systems of administrative justice.
• Evolution and characters of the Italian system.
• The division between ordinary jurisdiction and administrative jurisdiction.
• The administrative process and its prerequisites: The administrative judge. Jurisdiction. Exclusive jurisdiction. The parties to the process. The individual parties and the adversarial process. The subject matter of the judgment.
• The course of the trial: The establishment of the judgment. Interlocutory protection. The special rites. The judgment. Appeals against the judgment. The effectiveness and enforcement of judgment.
The administrative process and its prerequisites: The administrative judge. Jurisdiction. Exclusive jurisdiction. The parties to the process. The individual parties and the adversarial process. The subject matter of the judgment.
- The course of the trial: The establishment of the judgment. Interlocutory protection. The special rites. The judgment. Appeals against the judgment. The effectiveness and enforcement of judgment.

SUGGESTED READINGS:
A. TRAVI, Lezioni di giustizia amministrativa, Torino, Giappichelli, Torino, ultima edizione.

Bibliography

Didactic methods

Lectures on the main topics of the subject matter to be integrated with the materials provided to the students by the teacher and available in the e-learning platform.
Non-attending students will be provided with the support needed to properly understand the subject matter and the suggested text-books during office hours

Learning assessment procedures

Oral exams. Through them students’ knowledge of judicial review will be evaluated, as well as their ability to analyze and correctly set out the relevant legal institutes.

Evaluation criteria

The test is aimed at verifying the knowledge of the fundamentals of administrative procedural law as well as the ability to identify - on the basis of logically correct reasoning - solutions, to be set forth using technically adequate vocabulary, to legal problems emerging in the application of procedural discipline, also in relation to the case law case studies deepened during the course.
The final mark results from the following criteria:
• intensity and extent of the students’ knowledge of the basics of the discipline;
• adequate terminology;
• capability to connect in a systematic framework the knowledge acquired;
• analytical and argumentative skills.

Criteria for the composition of the final grade

Not expected

Exam language

Italiano