00217 - Administrative Law (D-L)

Learning outcomes

The present Course aims to give students a complete knowledge of principles and legal institutes of Administrative Law focusing on their practical application along with the way it operates in the legal context. For this reason, it points out the main academic opinions as well as the relevant case law, having regard to the likely reform perspective.

In particular, the present Course shall focus on the reasons by which public power exists and its limits within the European, national and regional legal framework as well as the specific legal rules characterised by technical and scientific nature, being the expression of autonomy and specialisation.

Morevover, the course shall focus on the main legal topics of administrative law, such as legal entities and public organisation in their multiple forms according to founding acts of legislation, liability of public authorities, relationships between public authorities, relationships between public authorities and private undertakings or citizens.

Furthermore, the course shall examine public utilities and their organisation, even when they are carried out by private operators. It shall analyse the administrative decision-making process and the consequent administrative decision, having regard to its characters as well as its problems. Besides, the attention shall be drawn into the agreements made under public law.

Eventually, the present course shall focus on the judicial remedies having regard to the administrative courts and the administrative remedies within the same administrative organisations.

Course contents

(in order to make easier to understand the contents the main topics correspond to the textbook chapters)

1. The law of public authorities
2. Legal system and public authority: a constitutional approach
3. Administrative organisation: general aspects
4. The organisation of public bodies
5. Subjective legal situations
6. Administrative proceeding
7. The conclusion of administrative proceedings: the administrative decision and the agreement under public law
8. Public authorities and civil law
9. The evolution of Italian administrative judicial system and civil judicial remedies
10. Administrative judicial remedies

Special administrative judicial remedies and administrative remedies

Readings/Bibliography

E. Casetta, Manuale di Diritto amministrativo, F.Fracchia (ed. by), Giuffrè, Milano, IIXX ed. (or newer if available) 2016. The textbook shall be studied in all its parts.

Studying administrative law requires full comprehension of the sources of law system as explained in every Constituional Law textbook.

Refrences to further documents or materials are made during the lessons end published on line in this website.

Contents for students of Administrative Law NOD and VOD and Law science course (less than 18 c.f.u.)

In A.Y. 2017/2018, for students of Administrative Law NOD and VOD and Law science course whose family name initials are D-L together with students of Administrative Law Integration exam the course contents remain the same as the previous academic year. That is:

• students of Administrative Law NOD and VOD: M. Clarich, Manuale di diritto amministrativo, Bologna, Il Mulino, last edition; A. Travi, Lezioni di giustizia amministrativa, Torino, Giappichelli, last edition;
• students of Law science course: M. Clarich, Manuale di diritto amministrativo, Bologna, Il Mulino, last edition;
• students of Administrative Law Integration exam 7 c.f.u.: F.G. Scoca (a cura di), Giustizia amministrativa, Torino, Giappichelli, last edition.

Students of Administrative Law Integration exam having more than 7 c.f.u. should ask directly the Professor for specific contents

Contents for students of Italian-French curriculum

M. Clarich, Manuale di diritto amministrativo, Bologna, Il Mulino, last edition

Teaching methods

Teaching methods are academic lessons, promoting dialogue and debate with students. Lectures with experts shall be planned in order to give immediate confirmation of the practical relevance of the course contents.

Prof. Andrea Fantin shall give learning module of Administrative judicial remedies (20 hours)

Assessment methods

Students will be evaluated through an oral test.

Attending students may give a partial oral test whose contents is given during the lessons. Those contents shall not be asked during the final exam, except for those who are strongly related to the rest of the contents.

Contents, dates and subscription modes are indicated during the lesson time. Therefore, attending the course is recommended, in order to acquire all the notions the student needs for passing the test.

Since the partial test is strongly connected to the final oral test, it shall be valid exclusively during the May, July and September sessions of the same year the partial test has been made.

Prerequisites
Before taking the exam students shall have passed Private Law and Consitutional Law.

Final dissertation shall be assigned after a brief discussion with the student, to that end attending the course it is strongly recommended

Teaching tools

Students will be provided with teaching material available on http://www.unibo.it/docenti/marcella.gola as well as on the session “teaching material” (AMS Campus) of the present site. Access to those materials in through Unibo log-in credentials.

Office hours

See Marcella Gola website

See Andrea Fantin website

See Piergiorgio Novaro website

Office hours

See the website of Marcella Gola

See the website of Andrea Fantin