02654 - Special Administrative Law

Learning outcomes

The course aims to provide the student with advanced knowledge and understanding skills in administrative law, also through the acquisition of independent judgment and ability to apply knowledge. Central part of the course will be the illustration of the relations between public administration, citizens and businesses in the democratic dimension and the enhancement of the requests of civil society. Will be examined the disciplines of the regulation of economic and social activities, also in the perspective of horizontal subsidiarity. All this also with reference to the most innovative and controversial issues of the matter, through the highlighting of the different doctrinal orientations, the analysis of the jurisprudence and the guidelines of the independent administrative authorities.

Course contents

The course consists of two closely integrated modules taught by two University faculty members: prof. Caia and prof. Roversi Monaco.

The decree on the reorganization of local government (Delegation to the government for the revision of Legislative Decree No. 267 of August 18, 2000, Consolidated Text of Laws on the Organization of Local Authorities)

- The delegation to the Government for the revision of Legislative Decree No. 267 of August 18, 2000, Consolidated Text of Laws on the Organization of Local Authorities General principles and guiding criteria

- The revision of the regulations on the fundamental functions of municipalities, provinces and metropolitan cities

- The revision of the discipline on forms of association between local authorities and mergers between municipalities

- The revision of the discipline in the field of control over organs

- The revision of the discipline on the legal regime of local government secretaries

- The revision of the discipline on the organization and personnel of local governments

- The planning, financial management and reporting of local governments

- The changes to the discipline of the economic and financial audit and rehabilitation functions of local governments

The reorganization of the regulation of local public services of economic importance, Legislative Decree No. 201 of December 23, 2022

- The general principles, field of application and relations with sectoral disciplines

- The organization and allocation of functions in the field of local public services

- The establishment and organization of local public services of economic importance

- The regulation of networks, facilities and other capital resources

- The regulation of the public service relationship, supervision and user protection

The laws and regulations on construction

- Control of construction activity

- Sanctioning function

Readings/Bibliography

The textbooks will be indicated to the students, also according to their needs for further study, on the first day of class. After agreeing with them on that occasion, the possible texts on which to study will be posted on this web page.

In general, for the purpose of further study, possible additional research and for possible theses even in subjects other than the present one, a methodological bibliographic indication is provided:

- M. CAMMELLI, Amministrazioni pubbliche e nuovi mondi, (scritti scelti a cura di C. BARBATI, M. DUGATO, G. PIPERATA), Bologna, Il Mulino, 2019;

- Diritto amministrativo e società civile. Muovendo dalle opere di Fabio Roversi Monaco, Volume I - Studi introduttivi, BUP, Bologna, 2018; Volume II - Garanzia dei diritti e qualità dei servizi, Bologna, 2019; Volume III - Problemi e Prospettive, Bologna, 2020 (a cura di N. AICARDI, G. CAIA, M. DUGATO, M. GOLA, A. LOLLI);

- G. CAIA, V. CAPUTI JAMBRENGHI, V. DOMENICHELLI, E. FOLLIERI, M. GOLA, G. GRECO, L. MAZZAROLLI, C. MIGNONE, G. MORBIDELLI, G. PERICU. A. POLICE, A. ROMANO, A. ROMANO TASSONE, F. A. ROVERSI MONACO, F. G. SCOCA, R. VILLATA, Diritto amministrativo, vol. I (pagg. 1004) e vol. II (pagg. 768), Bologna, Monduzzi, 2005;

- G. DELLA CANANEA, M. DUGATO, B. MARCHETTI, A. POLICE, M. RAMAJOLI, Manuale di diritto amministrativo, Torino, Giappichelli, 2022 (pagg. 512). È in corso di realizzazione una nuova edizione e quindi si consiglia di attendere per acquistarlo.

As well as on specific issues:

- G. CAIA, M. CALCAGNILE, E. CARLONI, F. FIGORILLI, P. PRINCIPATO, D. SIMEOLI, Il riordino della disciplina dei servizi pubblici locali di rilevanza economica: contenuto e caratteri del D.lgs. 23 dicembre 2022, n. 201, Napoli, Editoriale scientifica, 2023;

- N. AICARDI, G. CAIA, M. CALCAGNILE, P. ACRI, La gestione dei servizi pubblici locali dopo il D.lgs. 23 dicembre 2022, n. 201: approfondimenti e inquadramento concettuale: con rassegna di giurisprudenza e nomativa principale, Napoli, Editoriale scientifica, 2024;

- S. FANTINI, H. SIMONETTI, Le basi del diritto dei contratti pubblici, III edizione, Milano, Giuffrè, 2024;

- F. CARINGELLA, M. GIUSTINIANI, A. NAPOLEONE, I nuovi contratti pubblici, Analisi ragionata del nuovo Codice dei contratti pubblici (D. Lgs. 36/2023), Dike giuridica, Napoli, 2023;

- R. CARPINO, Testo unico degli enti locali commentato: annotato con giurisprudenza, prassi e casi pratici, coordinato con le leggi collegate: testo unico delle società partecipate commentato con la giurisprudenza, 18. ed, Santarcangelo di Romagna, Maggioli, 2023;

- C. BEVILACQUA, F. SALVIA, N. GULLO, Manuale di diritto urbanistico, Padova, Cedam, 2021.

Teaching methods

Teaching will be conducted through face-to-face lectures.

Special attention will be devoted to discussion and direct dialogue with students, both during lectures and during the weekly reception times indicated at the bottom of the page.

In order to make the didactic activity even more incisive during the course, cycles of meetings with qualified personalities from civil society will be organized, aimed at deepening methodologies and application profiles of administrative activity.

The Course aims to provide students with the necessary tools to achieve an advanced degree of preparation of Administrative Law, enabling them to grasp its many practical-applicative implications and to have the ability to move easily in the world of work and professions.

To complement this basic preparation, the Course also aims to achieve a significant involvement of students, through lectures and meetings on the most innovative and controversial issues of the subject, in which to be able to reconstruct, depending on the topic, the different doctrinal orientations, the jurisprudential evolution and the concrete dynamics, thanks to the use of interactive teaching methods such as learning on demand, or the participation of students in meetings with qualified representatives of civil society.

To ensure maximum information and coordination during the course of the lectures, students are encouraged to always check the lecturer's website for any notices as well as news pertaining to the course.

Assessment methods

Final exam will be held in oral form and the evaluation will be expressed out in thirty. The exam will focus on topics related to those indicated in the “Contents” section, in order to verify the student's acquisition of the notions imparted within the teaching.

The student's level of preparation will be evaluated as follows:

18-19 Very limited preparation. Basic response to questions. Exposition not very technical.

20-23 Fair preparation. Acceptable response to questions. Exposition with elements of technicality.

24-27 Good preparation. Relevant answers. Technical and appropriate exposition.

28-29 Excellent preparation. Complete answers with exact terminology. Exposition of good ability.

30 Excellent preparation. Answers supported by complete knowledge and with very adequate terminology. Systematic exposition.

30 L Uncommon and excellent preparation. Very satisfactory answers denoting study, thorough culture and acquired logical ability. Reconstructive and brilliant exposition.

According to the provisions of the University and Departmental regulations, registration for the final examination may be done within the University's portal with the terms and procedures stipulated therein

Prerequisites

Administrative law is preparatory to Advanced Administrative law.

Degree thesis

Thesis topics will be discussed during the office hours and upon request.

The appointment of a co-discussant, if any, must be agreed upon with the professor who assigned the thesis.

There are no waiting lists.

Teaching tools

To make the study and in-depth study of the topics covered during the lectures and seminars more complete, additional teaching materials will be indicated to students, in addition to those indicated in the appropriate section of this page. Such materials will, in addition, be made available to students, who can consult them on the lecturers' website.

Students with disability or specific learning disabilities (DSA) are required to make their condition known to find the best possible accommodation to their needs.

Office hours

See the website of Giuseppe Caia

See the website of Maria Giulia Roversi Monaco