Learning outcomes of the course unit
The educational objectives are to enable students, at the end of the course, to have fully comprehension of the the fundamental principles governing the administrative action and to be able to easily use the reconstructive tools that are indispensable in the application of such a complex matter as administrative law.
At the end of the course students will have acquired, by virtue of what has just been stated, independence of judgment in the examination of concrete issues of administrative law, as well as ability to articulate with technically correct language underlying reasoning.
Course contents summary
The course aims to provide students with the basic fundamentals of the substantial Italian admistrative law and to deepen the knowledge of some of the most important institutions in which the administrative action is realized.
The first part of the course is devoted, in its introduction, to the description of the general principles of administrative law. It is then dealt with the theme of the sources, with particular attention to the problems of the relationship between national law and European law, on the one hand, and between State law and Regional law on the other. It then addresses the issue of the administrative organization, both in its theoretical aspects (concept of a public body, organ, etc.) and concrete aspects (administrative bodies constitutionally required, the different institutional levels of the organization, etc.).
The second part of the course studies the discipline of administrative action.
It starts with the theme of administrative power and its features, going on to analyze the ways in which the power to exercise, ie the administrative procedure. It then addresses to the main categories of administrative measures, highlighting the features most relevant to each. It finally addresses the question of the invalidity of an administrative measure and the related responsibilities of the administration.
The third part of the course covers the topics of goods, services and public contracts.
Of each of the related notions explains the content, highlighting certain problematic aspects that these entail today. It then proceeds to explain concisely the specific legal regime of these three particular areas of administrative action.
For attending students:
N. BASSI, Le Pubbliche Amministrazioni e il loro diritto. Elementi di diritto amministrativo sostanziale, the last published edition (explanatory cards excluded).
For not attending students:
The above program will go in-depth with the reading of some chapters of Manuale di Diritto Amministrativo of Marcello Clarich - Bologna 2015, and in particular the chapter 220.127.116.11.9.10
Assessment methods and criteria
They can be written tests during the course.
Final assessment will consist of an oral examination, divided basically into three questions, one for each part of the course: questions are aimed at understanding whether the student has acquired sufficient knowledge of the fundamental aspects of each party.