ELEMENTS OF ADMINISTRATIVE LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2016/2017
- Teacher
- STEFANO BIANCHINI
- Credits
- 9
- Curriculum
- COSTRUZIONI
- Didactic period
- Secondo Semestre
- SSD
- IUS/10
Training objectives
- The course aims to provide knowledge and critical skills concerning the right of public authorities, even in the light of the most recent reforms, jurisprudence and doctrine. The class will be divided in three parts: (i) the principles and the sources of the Administrative Law; (ii) the administrative organization; (iii) the administrative activities.
Main knowledge acquired:
The students will acquire specific knowledge of the main principles of Administrative Law, in particular:
- the constitutional basis of the public administration;
- the main principles of organization and public finances;
- the institutes of the administrative procedure;
- the normative frame work and the main case law in the field of Administrative Law.
Main skills acquired:
By the end of the class, the students will acquire the following skills:
- analytical skills of the main principles of Administrative Law, in light of the main jurisprudence and case law;
- capacity to understand the main practical effects of Administrative Law;
- capacity to identify, obtain and assess the main laws as well as major case law. Prerequisites
- Students are required to have a knowledge of the principles and fundamental rules of the Italian Constitution.
Course programme
- The course consists of frontal and practical lessons for a total of 90 hours. At least 2 hours per week will be dedicated to the study and discussion of the relevant case law and practical cases.
The program is divided in three parts:
PART I – Sources and principles (20 hours)
1) The constitutional principles of the public administration;
2) The sources of Administrative law.
PART II – Administrative Organization (30 hours)
1) The organization of the State and of authorities (local or not) different of State;
2) The organizational relations
3) The public servants
4) The public services
5) The public and private goods of the public administration
PART III – Administrative activity (40 hours)
1) The administrative activity and the subjective legal positions
2) The administrative act
3) The administrative procedure: phasis and its conclusion
4) The institutes of administrative simplification
5) The institutes of administrative transparency
6) The invalidity of administrative acts
7) The second degree procedure and the so-called administrative self-protection
8) The negotiating activity of the public administration: administrative agreements and contracts
9) The forms of responsibility of the public servants Didactic methods
- Part of the lectures will based on the discussion of the different institutions and principles of administrative law, including analysis of teaching materials provided directly by the teacher.
Throughout the course, some lessons will specifically focus on analyzing the relevant case law. Learning assessment procedures
- The examination will take place only in the form of the oral test. The questions addressed to the student will aim to verify the acquisition of knowledge and skills described above, under "Training objectives".
The vote of the exam is the average of the votes attributed to each of the student’s answers, unless he has some such gaps not to allow the formulation of a positive vote. Reference texts
- V. CERULLI IRELLI, Lineamenti di diritto amministrativo, Giappichelli, Torino, 2016
