Law of independent administrative authorities (IUS / 10) - The course aims to make people understand the reasons behind the birth of this "new" model of administration and the differences compared to traditional administrations. The course also intends to provide the basic notions on the organization and activity of the independent administrative authorities. In order to offer students an in-depth understanding of the model of independent administrative authorities and how they currently fit into the institutional chessboard, the course will focus on the reasons behind the emergence of independent administrative authorities; on the constitutional basis of the action of the independent authorities; on the areas of intervention of the independent authorities; on the organization of AI with particular reference to the mechanisms that ensure their independence; on the powers exercised by the independent authorities, on the procedural rules and on the types of measures adopted, with particular reference to the problem of procedural legality; on the evolution of the judicial review on the acts of the AI and on other forms of control. These issues will be explored not only with reference to national AI, but also with reference to independent European authorities. Furthermore, the action of the AI will also be analyzed through the lens of the economic analysis of the law which identifies with reference to the independent administrative authorities, a particular form of agency relationship.
scheda docente
materiale didattico
In sum, the course will address:
- the principles of the Italian and supranational legal systems regarding independent administrative authorities
- the position of the independent authorities in the Italian public law system and their relationships with the traditional powers of the State
- the analysis of the problems linked to the procedural rules of action of the independent authorities and to the judicial protection against their acts
- the in-depth analysis of particular problems relating to some specific independent authority
Programma
In addition to the analysis of the general reasons that led legislators to the introduction of independent administrative authorities, these figures will be contextualized within the fundamental principles of the legal system, specifically analyzing the respective powers, attributions and functions , in light of the specific sector regulations.In sum, the course will address:
- the principles of the Italian and supranational legal systems regarding independent administrative authorities
- the position of the independent authorities in the Italian public law system and their relationships with the traditional powers of the State
- the analysis of the problems linked to the procedural rules of action of the independent authorities and to the judicial protection against their acts
- the in-depth analysis of particular problems relating to some specific independent authority
Testi Adottati
The texts will be indicated during the lessons. Materials will be made available on the e-learning platform.Bibliografia Di Riferimento
S. CASSESE-C. FRANCHINI (a cura di), I garanti delle regole, Bologna, Il Mulino, 1996 M. DE BENEDETTO, Voce Autorità indipendenti, in Dizionario di diritto pubblico diretto da S. CASSESE, vol. I, Milano, Giuffrè, 2006 M. D’ALBERTI, voce Autorità indipendenti (dir. amm.), in Enciclopedia giuridica Treccani Ufficio Studi del Consiglio di Stato, “AUTORITÀ INDIPENDENTI E SINDACATO GIURISDIZIONALE” Ogni potere ha il suo giudice e a tale regola generale non sfuggono le Autorità indipendenti, in www.giustizia-amministrativa.it FABIO MERUSI, MICHELE PASSARO, Le autorità indipendenti, Bologna, 2011 G.P. CIRILLO, R. CHIEPPA, Le autorità amministrative indipendenti, Padova, 2010Modalità Erogazione
The course will take place in person unless health conditions require remote methods. Students will be promptly informed. The course will take place in the manner, days and times indicated on the Department website. As part of the course, seminars/exercises will be organized (remotely or in person) also involving attending students.Modalità Valutazione
The exam will take place in oral form. The students' presentations and interventions during the lessons will contribute to the final evaluation.