ECONOMIC ADMINISTRATIVE LAW
Learning outcomes of the course unit
The course aims to enable the learning of a range of issues of administrative law, which allow for their practical relevance, to combine theoretical study with the verification utility that knowledge of the law, especially administrative, has for the graduate in political science in order to its specific and unique activity.
It is proposed, therefore, aims to provide the student with a wide range of knowledge including specialist in the field of state regulation of the economy implemented mainly through the instruments, both traditional and innovative, administrative law. At the end of the course the student should have acquired the ability to understand and critically evaluate the principles, substantive rules, procedural mechanisms and the case-law that characterize the implementation of these instruments. Should also include the evolution of the general and special, and above all to seize the many and fundamental connections between the different disciplines involved. Will finally apply the relevant knowledge to specific cases subject to court decisions discussed in class, as well as support their thesis with due propriety of language and appropriateness of arguments.
Course contents summary
The object of teaching includes: the themes of Italian and European economic constitution, the institution and discipline of independent authorities, and the regulation of public services, privatization and liberalization all under the influence of Community law.
The administrative regulations of competition, as shown by both the Law no. 287 of 1990 which created the Authority for Competition and Market Authority (AGCM: as amended), both from the law, even and especially jurisprudence, of which it is well implemented.
The study of this topic is of particular interest as it combines different approaches both legal (from administrative to the economy law and across EU law), which in other fields of knowledge (political science and economic disciplines), and therefore its interdisciplinary approach is well suited to the profile of the graduate specialist in this course.
Finally, the theme lends itself more than others to check the tightness of numerous concepts, already examined, which belong to the general theory of administrative law (such as the principle of legality, the discretion, including technical, regulatory powers of independent authorities) in relation with economic innovation and to verify "the role of the judge in front of the administrative decisions for the operation of markets." In particular, lessons will have to content:
1. The Economic Constitution, Italian and EU.
2. Public administration, principle of legality and rules of law.
3. The use of private tools by public administrations: public companies, and 'mixed' in house operation.
4. The liberalization of public services.
5. The privatization of public enterprises.
6. The regulation procedures before the independent administrative authorities.
7. Legal nature and character of the AAI.
8. The case law in relation of their decisions.
9. From the economic crisis of the private sector to the crisis of the States: tools for action at national, regional and global levels.
10. The protection of competition and the European system of public authority between integration and decentralization.
11. The U.S. and EU antitrust jurisprudence in comparison.
12. State aid sorting between European order and national level
13. The mutual recognition and differentiation of rights in Europe.
14. Administrative cooperation in the European Union.
15. The Public contracts: how to choose contractors and offers.
Recommended reading: L. TORCHIA (editor), Lezioni di diritto amministrativo progredito, Bologna, (II ed. il Mulino) 2012 (no Chapters II, VI, VII e XIII). F. MERUSI, M. PASSARO, Le autorità indipendenti, Bologna (II ed. il Mulino) 2011; F. MERUSI, La legalità amministrativa, Bologna (ed. il Mulino) 2012 (no third part); F. MERUSI, Il sogno di Diocleziano. Il diritto nelle crisi economiche, Torino (ed. Giappichelli) 2013; theacher studies on the Economic Constitution and Privatisations on line.
The course will alternate lectures and discussions of the case-law (national and EU) most interesting in relation to privatization (golden share), the decisions of the judges on the activities of AAI and use of private tools from the public authorities.
Assessment methods and criteria
Oral examination. Attending students may take the exam with agreed terms. In any case, the knowledge and comprehension skills will be verified by at least two direct questions to verify the effective acquisition of them. Special topics will also be carried out in order to study specific issues of the course. The ability to communicate will be checked by evaluating the student's ability to offer comprehensive definitions, the use of technical and appropriate terminology in explaining the meaning of particular expressions and / or concepts. The results of the test will be positive if their interrelation in the answers supplied was generally satisfactory.