ENGINEERING ADMINISTRATIVE LAW
LEARNING OUTCOMES OF THE COURSE UNIT
Knowledge and understanding
At the end of the course, the student will have acquired the basic knowledge related to regulatory profiles that charachterize his technical education.
Applying knowledge and understanding
The student will be able to independently recognize the various types of administrative acts, the administrative structures, powers and to know the legal consequences of his professional behaviours and action.
The student will be able to assess the legal impact of his professional actions, to understand then different powers his actions relate to and to choose the most functional legal and economic structure to his job.
Students will be able to adopt the correct legal terms and to understand its practical outcome. Students will also be able to communicate the main contents of the course in a plain and correct way.
Students who have attended the course will be able to deepen their knowledge in the legal field, through the autonomous consultation of specialized texts, case laws and journals.
COURSE CONTENTS SUMMARY
The law, the individual and the State.
The legal system and the function of law. Legal rules and other rules. The subjects of the law.
Distinction between interests, rights, powers and obligations. The rule of law and the constitutional state. The principle of separation of powers.
The legal framework of the Republic.
The Italian Constitution. The European Union legal system. Political and institutional pluralism. The sources of law in force in Italy, their effectiveness and how they can be found. Parliament, the regional councils and the legislative function. The power of government and administration. The judiciary and its function.
The Constitutional Court. The judicial power: the ordinary courts and administrative jurisdiction. The administrative coutrs: the regional administrative courts and the Council of State. The Court of Auditors. The European Court and the European Court of Human Rights.
The organization of the political and administrative system.
The public administration. The powers and attributes of offices and organs. The distinction between public and private entities. The ministries. Public bodies. The state-owned companies. Independent authorities. The staff. Employees and the current framework of public management. The public and private property.
The administrative activity.
Activities of public law and private law activities. Principles. Functions and public services. The activities of state-owned enterprises. Public regulation of the markets. Discretionary activities and bound activities. The process, participation and the right of access.
The unilateral administrative measure. The main types of acts. The silence of the administration and its relevance. The certified signaling of start of operations. The conference of services. The agreements between the administrations and between the latter and private entities.
Defects and remedies.
Completion, effectiveness and validity of administrative acts. The validity and contents defects. The traditional categories on the vices of acts: violation of the law, incompetence and abuse of power. The remedies against faulty administrative acts. The administrative appeals and judicial protection
The activity of private law.
The contractual activity of public administrations. Public procurement. The concessions for works, goods and public services. The urban negotiated. The public procedures (open, restricted, negotiated). The competitive dialogue. The project financing.
The civil and the liability for lawful acts. The civil liability of public administration. The tort.
The liability of officials and civil servants in the criminal, civil and administrative-accounting system. Other forms of liability: the disciplinary liability and the management.
The main types of company.
B. G. Mattarella, Lezioni di diritto amministrativo, Spaggiari, Parma, 2012
ASSESSMENT METHODS AND CRITERIA
The learning outcomes will be regularly monitored by exams and interactive workshops.
The course aims to display the main regulatory and civil law aspects that involve management engineers. To this purpose, lectures will be mostly frontal, although the Course will aso be supported by the development of specific seminars on issues of particular importance.