ADMINISTRATIVE LAW I
Learning outcomes of the course unit
The training objectives are to allow students, at the end of the course, to have full familiarity with the fundamental principles governing administrative action and to be able to easily use the reconstructive and interpretative tools that are indispensable in the application of such a complex subject as substantial administrative law. At the end of the course the students will have acquired, precisely by virtue of what has just been highlighted, autonomy of judgment in the examination of concrete issues of administrative law, as well as the ability to articulate the related arguments with a technically correct language.
It is necessary to have passed the examinations of Institutions of Private Law, Institutions of Roman Law and Constitutional Law.
Course contents summary
The course aims to provide students with the basic notions of substantial Italian administrative law and to deepen the knowledge of some of the most important institutions in which the legal regime of administrative action takes shape. The first part of the course is dedicated, in its introductory part, to the description of the general principles of administrative law. The topic of sources is then dealt with, with particular attention to the problems of relations between the national and European legal systems, on the one hand, and between the state and regional systems, on the other. Then we discuss the topic of administrative organization, both in its aspects theoretical (concept of public autorithy, organ, etc.), as concrete (constitutionally necessary administrative autorithies; the different institutional levels of the organization, etc.).
In the second part of the course, the discipline of administrative action is studied. We start from the theme of administrative power and its characteristics, then passing to analyze the forms through which power is exercised, that is, the administrative procedure. The main categories of administrative measures are identified, highlighting the most important peculiarities. Finally, the question of the invalidity of the administrative provision and the connected ones is discussed
responsibility in the administration. The third part of the course concerns the themes of goods, services and public contracts. The content of each of the relevant concepts is explained, highlighting some of the problematic aspects that these problems entail. Then we proceed to briefly illustrate the specific legal regime of these three particular sectors of administrative action.
F.G. SCOCA (a cura di), Diritto amministrativo, V ed., Giappichelli, Torino, 2017, excluding part 6 (chapters 1 e 2), part 8 (chapter 3), e part 9.
S. TARULLO, Manuale di diritto amministrativo, Bologna, Zanichelli, 2017, excluding part 4 (chapter 3, sections 2 e 3)
The volume edited by F.G. Scoca can also be used for the preparation of further exams and public competitions, moreover, as a result of the notes system, it can allow the student to have specific thematic insights.
The lessons will be held aiming at the maximum involvement of the students, so that they are not only a phase of illustration of the subject, but also already a time of learning and preparation of the exam.
During the year, exercises will be carried out on specific themes, above all by reading and examining the most recent and important judgments concerning the subject.
Assessment methods and criteria
The final exam will consist of an oral exam, usually divided into three questions, one for each part of the course: the questions are aimed at understanding if the student has acquired sufficient knowledge of the fundamental aspects of each part.
At the discretion of the student, the exam will be sustainable in two interviews, concerning topics that will be previously indicated by the teacher. The dates of the talks can be agreed with the teacher.