Teaching code

4S00293

Academic staff

Sergio Moro, Jacopo Bercelli, Giovanna Ligugnana

Coordinator

Sergio Moro

Credits

9

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/10 - ADMINISTRATIVE LAW

Period

2° periodo lezioni (2A), 2° periodo lezioni (2B)

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

Learning objectives

The course is intended to provide the student with the knowledge of the fundamental notions of administrative law, both on the side of organisation and decision-making, highlighting its dynamic development and its relationship with both Constitutional principles and the European Union law.

At the end of the course, the student will be able to identify the relevant sources as well as elaborate on legal issues concerning the main topics and the subject, using an appropriate and specific vocabulary, reaching independent judgement on actual cases, adopting a method based on continuous learning and knowledge updating.

Prerequisites and basic notions

Elements of constitutional law

Program

The course is divided into three units.
First unit: lectures (24 hours)
The elements of the legal system.
The sources of administrative law.
The reason for the existence of public administrations: administrative functions.
Public administration as functions and constitutional principles of impartiality and good functioning.
(Non-existence of a) notion of public administration.
Public administration as an organization.
Public administration as a legal operator.
The relationship between politics and administration.
Second unit: lectures (24 hours).
Power, procedure and provision.
The discretion of the administration.
Subjective positions in the face of power: subjective rights and legitimate interests.
The administrative procedure and its phases.
The provision: elements, effectiveness, enforceability.
The invalidity of the provision: nullity and voidability.
Supplementary and substitute agreements for provisions.
Public administration contracts.
Administrative justice (hints)
Third unit: laboratories (12 hours).
Local authority documents: content and drafting techniques.
Administrative liability: cases. Public services: cases.

Bibliography

Didactic methods

- in-person lectures dedicated to the transmission of basic notions, key categories and fundamental application tools (lectures are recorded and are available on the teaching moodle platform);
- teaching material sent via e-mail to students;
- online laboratories in synchronous mode on Zoom, in which the topics will be explored in depth also using case law material to be examined with the students, providing for group discussion of case studies and guided resolution of concrete cases taken from practice, and concrete experiences of administrative activity and organization will be analyzed with the possible collaboration of figures with specific skills.

Learning assessment procedures

The exam is oral. FIRST UNIT. The exam focuses on the notions, questions, and problems developed: 1) in the lectures (the lectures are recorded and are available on the Moodle platform of the course) AND 2) in the teaching material sent by e-mail, automatically to students registered on the Moodle platform of the course as of March 25, 2025 and, upon request, to students registered after that date. AND 3) in the manual by M. D'Alberti, Lezioni di diritto amministrativo, Giappichelli publishing house, latest edition, limited to chapter III, paragraph 4 subparagraphs 4.1, 4.2, 4.3, 4.4, 4.5; to chapter III, paragraph 6; to chapter V. SECOND UNIT. The exam covers the notions, issues, and problems developed in the manual by M. D'Alberti, Lezioni di diritto amministrativo, Giappichelli publishing house, latest edition, limited to chapters VI, VII, VIII, IX, X. THIRD UNIT The exam covers the notions, issues, and problems developed in the laboratories. The exam is considered passed if the student obtains a passing grade on each of the units being examined. ERASMUS STUDENTS Incoming ERASMUS students (i.e. those enrolled in courses of study at European Union universities not based in Italy) are invited to contact the recording teacher, at the beginning of the course, to assign a specific topic to be explored in depth through the drafting of a written paper. This paper will be the subject of an oral discussion in the exam sessions scheduled in the academic calendar.

Evaluation criteria

The exam is intended to verify knowledge of the fundamental categories of administrative law and the ability to contextualize the knowledge acquired within a systematic framework and to test the ability to reason in relation to legal questions arising within administrative law.
Marks are expressed in thirtieths.
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