Teaching code

4S02527

Teacher

Sergio Moro

Coordinator

Sergio Moro

Credits

9

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/10 - ADMINISTRATIVE LAW

Period

1° periodo lezioni (1A), 1° periodo lezioni (1B)

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

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 via e-mail
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 (lasting one hour and divided into four open questions with a fixed space) and an oral interview concerning the concepts, issues, problems developed:
1) in the lectures,
2) in the didactic material sent via e-mail upon request of the attending student (see modules IV - V - VI - VII)
3.1) in the manual by V. Cerulli Irelli, Lineamenti del diritto amministrativo, casa editrice Giappichelli limited to paragraphs 4.6, 4.7, 5.1.4, 5.1.5
3.2) in the manuale by M. D'Alberti, Lezioni di diritto amministrativo, G. Giappichelli Editore, limited to paragraphs 4.1, 4.2, 4.3, 4.4., 4.5
Non-attending students
The exam consists of a written test (lasting one hour and divided into four open questions with a fixed space) and an oral interview concerning the notions, issues, problems developed in chapters 1, 2, 3, 4, 5 of the manual by V. Cerulli Irelli, Lineamenti del diritto amministrativo, G. Giappichelli editore.
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.
The teaching method is consistent with the learning objectives of the teaching of Administrative Law 1 and, more generally, with the educational objectives of the single-cycle master's degree course in Law.
It follows that, on the one hand, it outlines, in a problematic and critical way, the fundamental legal categories and institutions conventionally linked to the disciplinary field called administrative law, highlighting the impact of jurisprudence and doctrine regarding their origin and evolution. as well as explaining the systematic connections between them; on the other hand, it provides the essential (first) logical and (then) legal tools for the solution of concrete cases and, through frequent examples, demonstrates their suitability for the purpose.

Evaluation criteria

Knowledge and understanding of the subject being examined and of the relative formant - in a synchronic and diachronic perspective - normative, jurisprudential and doctrinal.
Ability to analyze and argue in relation to issues and problems inherent in the subject matter being examined. Ability to present (both in written and oral form) the acquired knowledge as well as the analyzes and arguments in a clear and orderly manner as well as with a correct technical vocabulary.
Ability to solve concrete cases by (first) identifying the essential elements, (then) identifying - on the basis of reliable argumentative paths - the rules to be applied and (lastly) applying - by virtue of reasoning immune from logical flaws - the aforementioned rules to the specific cases.

Criteria for the composition of the final grade

Balanced weighting between the evaluation criteria

Exam language

ITALIANO