Teaching code

4S02527

Teacher

Sergio Moro

Coordinatore

Sergio Moro

Credits

9

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/10 - ADMINISTRATIVE LAW

Period

1st lecture period (1A), 1° periodo lezioni (1B)

Lessons timetable Moodle Seminars

Learning objectives

The course aims at teaching fundamental notions and institutes of administrative law, as well as providing students with the argumentative tools for analysing and properly framing the solutions to practical legal problems involving the public administrations or arising out the relations between public administrations and private individuals.
The course also aims at helping students gain the ability to systematically interlink the general disciplinary categories of administrative law, and thus to engage critically with evolutionary trends within the law.

Prerequisites and basic notions

Constitutional law
Institutions of private law

Program

MODULE ONE - THE SOURCES OF ADMINISTRATIVE LAW.
I. General framework of the legal order
II. Norm creation
III. The sources of Italian administrative law
MODULE TWO - THE PUBLIC ADMINISTRATIONS: FOUNDATIONAL CONCEPTS
I. The rationale of the public administrations.
II. The public administration as a function and the constitutional principles of impartiality and sound management.
III. Lack of a concept of public administration.
MODULE TWO - INDIVIDUAL LEGAL RIGHTS AND POWERS : BETWEEN ADMINISTRATIVE LAW AND PRIVATE LAW
I. Introduction
II. The legal powers of the public administration governed by administrative law: administrative power
III. The exercise of administrative powers: constrained powers, “technical-discretionary” powers and discretionary powers.
IV. The legal powers of the public administration governed by ordinary law.
V. The legal rights of individuals against the public administration: the distinction between individual rights and legitimate interests.
VI. Legitimate interests.
VII. Collective interests.
MODULE FOUR - THE PUBLIC ADMINISTRATIONS AS ORGANISATIONS
I. General characteristics
II. Offices
MODULE FIVE - THE RELATIONSHIP BETWEEN POLITICS AND ADMINISTRATION
MODULE SIX - THE PUBLIC ADMINISTRATIONS AS LEGAL OPERATORS
MODULE SEVEN - PUBLIC SERVICES

Bibliography

Didactic methods

Lectures
Materials available online (moodle)
Seminars available online (moodle).
Face-to-face lessons are recorded and are available on the teaching platform moodle.

Learning assessment procedures

Attending students.
The exam consists of a written test and an oral interview concerning the concepts, issues, problems developed:
1) in the lectures,
2) in the didactic material uploaded to the moodle teaching platform (starting from November 1, 2022).
3) in the administrative law manual by G. della Cananaea, M. Dugato, B. Marchetti, A. Police, M. Ramajoli, Giappichelli publishing house, 2022 limited to paragraph 4 of chapter IV as well as to paragraphs 7, 7.1, 7.2 , 7.3, 7.4, 8, 9, 10 of chapter IV; in paragraphs 2, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8 of chapter V as well as paragraphs 4, 4.1., 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8 of chapter V.
Non-attending students
The exam consists of a written test and an oral interview concerning the notions, issues, problems developed in chapters I, II, III, IV, V of the administrative law manual by G. della Cananaea, M. Dugato , B. Marchetti, A. Police, M. Ramajoli.
Incoming ERASMUS students (i.e. students registered on study programmes at European Union universities not based in Italy) are invited to contact the teacher responsible at the start of the course in order to be set a specific topic to be analysed in greater depth in a course essay. That essay will be discussed orally during the examination diets scheduled according to the academic calendar.

Evaluation criteria

The assessment criteria for the examination are:
- clarity, logical order, usage of appropriate and correct terminology when discussing issues;
- demonstrating an awareness and understanding of the subject;
- demonstrating an ability to organise legal institutes systematically;
- demonstrating an ability to identify shared features and differences between legal institutes;
- demonstrating an ability to solve various elementary practical problems.

Criteria for the composition of the final grade

Non disponibile

Exam language

ITALIANO