FACING THE PROBLEMS AND IMPROVING THE BASIC KNOWLEDGE OF THE SUBJECT, EVEN THROUGH THE DISCUSSION OF CASE STUDIES IN ORDER TO ENRICH THE GENERAL STUDENTS’ PREPARATION. INCREASING THE CAPACITY IN CRITICAL DEBATE, PREPARING THE STUDENTS TO THE EXCERCISE OF THEIR FUTURE LEGAL PROFESSIONS IN THE FIELD OF ADMINISTRATIVE LAW.
Canali
scheda docente
materiale didattico
The Course aims to expose in a systematic manner and with reference to concrete episodes of life the reasons for the existence of public administration, the ways and rules of its action and organization, and its prerogatives. The development of the institutes will be carried out in a context in which the protection of fundamental rights and interactions with European law are of primary importance.
The expected learning outcomes are first and foremost that the student will gain a general knowledge of the ways of organization and action of public administration as well as obtain the knowledge necessary for possible participation in public competitions.
B. AA.VV., Codice amministrativo fondamentale, XV ed., Simone, Napoli, 2022
In alternativa al manuale di A. Romano: G. Corso, Manuale di diritto amministrativo, Giappichelli, Torino, 2022,
Programma
The aim of the Course is to illustrate the basic rules of the organization and action of public administration.The Course aims to expose in a systematic manner and with reference to concrete episodes of life the reasons for the existence of public administration, the ways and rules of its action and organization, and its prerogatives. The development of the institutes will be carried out in a context in which the protection of fundamental rights and interactions with European law are of primary importance.
The expected learning outcomes are first and foremost that the student will gain a general knowledge of the ways of organization and action of public administration as well as obtain the knowledge necessary for possible participation in public competitions.
Testi Adottati
A. A. Romano (a cura di), Diritto amministrativo, Giappichelli, Torino, 2023B. AA.VV., Codice amministrativo fondamentale, XV ed., Simone, Napoli, 2022
In alternativa al manuale di A. Romano: G. Corso, Manuale di diritto amministrativo, Giappichelli, Torino, 2022,
Modalità Erogazione
Face-to-face lectures; Guest speaker seminars; Case studiesModalità Valutazione
Written and oral examinations
scheda docente
materiale didattico
In the first, the different administrative functions and their impact on the lives of citizens and businesses are analyzed.
In the second, the organizational design of the public organization is reconstructed, noting that each organizational model is marked by a different "logic of collective action."
In the third module, the different manifestations of administrative action are examined, highlighting, in particular, the characters of administrative power and discretion and the areas of contractual autonomy.
In the fourth module, the study of the different techniques of regulation of administrative action, both authoritative and contractual, aimed at ensuring the pursuit of the public interest and avoiding abusive behavior of the public administration to the detriment of private parties is explored.
In the fifth (and final) module, the means of protection provided by the legal system for individuals who complain about the violation of their rights and interests are highlighted.
The exposition of the discipline of the subject will be conducted through the collective discussion of practical cases and judgments, highlighting the legal framework, the strategies pursued by the various actors, the outcome of the judgment, its concrete consequences and the underlying general problems.
The recommended handbook is the following: G. Napolitano, "La logica del diritto amministrativo", Bologna, Il Mulino, III ed., 2020. An initial reading of the textbook before the beginning of the course or, in any case, of the individual lectures is highly recommended.
Only for students of Global Legal Studies the study of G. Napolitano, "Introduction to Comparative Administrative Law", Bologna, Il Mulino, I ed., 2020 only chapters 2 and 3 is also envisaged.
The collection of selected contributions published in the dedicated special issue of the Journal of Administrative Law, no. 3/2023 will be available online on the Elearning platform.
The collection of cases is as follows: G. Napolitano (ed.), "Cases and strategies of administrative law", online publication, VII ed., 2024. This is a guided collection of cases and judgments edited by the lecturer and teaching assistants that will be available online on the Elearning platform. Prior reading of the texts and cases to be discussed in the corresponding lecture is recommended.
The course provides different treatment between attending and non-attending students for the purpose of passing the exam.
Programma
The course is divided into five teaching modules.In the first, the different administrative functions and their impact on the lives of citizens and businesses are analyzed.
In the second, the organizational design of the public organization is reconstructed, noting that each organizational model is marked by a different "logic of collective action."
In the third module, the different manifestations of administrative action are examined, highlighting, in particular, the characters of administrative power and discretion and the areas of contractual autonomy.
In the fourth module, the study of the different techniques of regulation of administrative action, both authoritative and contractual, aimed at ensuring the pursuit of the public interest and avoiding abusive behavior of the public administration to the detriment of private parties is explored.
In the fifth (and final) module, the means of protection provided by the legal system for individuals who complain about the violation of their rights and interests are highlighted.
The exposition of the discipline of the subject will be conducted through the collective discussion of practical cases and judgments, highlighting the legal framework, the strategies pursued by the various actors, the outcome of the judgment, its concrete consequences and the underlying general problems.
Testi Adottati
The three texts for the exam are the following: the textbook, the collection of cases and the collection of selected articles on the new Public Contracts Code (only for GLS students also the comparative textbook).The recommended handbook is the following: G. Napolitano, "La logica del diritto amministrativo", Bologna, Il Mulino, III ed., 2020. An initial reading of the textbook before the beginning of the course or, in any case, of the individual lectures is highly recommended.
Only for students of Global Legal Studies the study of G. Napolitano, "Introduction to Comparative Administrative Law", Bologna, Il Mulino, I ed., 2020 only chapters 2 and 3 is also envisaged.
The collection of selected contributions published in the dedicated special issue of the Journal of Administrative Law, no. 3/2023 will be available online on the Elearning platform.
The collection of cases is as follows: G. Napolitano (ed.), "Cases and strategies of administrative law", online publication, VII ed., 2024. This is a guided collection of cases and judgments edited by the lecturer and teaching assistants that will be available online on the Elearning platform. Prior reading of the texts and cases to be discussed in the corresponding lecture is recommended.
The course provides different treatment between attending and non-attending students for the purpose of passing the exam.
Modalità Erogazione
The exposition of the discipline and its reconstructive and interpretative criteria will be carried out in lectures and during the joint discussion of practical cases and judgments, highlighting the relevant legal framework, the strategies pursued by the various actors, the judge's reasoning, the outcome of the judgment, its concrete consequences and the underlying general problems. Active participation of students during lectures through questions, interventions and joint discussions is strongly encouraged.Modalità Frequenza
Students in the course are divided into attending and non-attending. Special rules apply to Erasmus students. Attending students are those who are present in the classroom and actively participate in lectures. For this purpose, attendance will be recorded and a record will be kept of interventions made in the classroom. Absences are allowed for a maximum of three lectures in each of the two teaching blocks (first block : modules I,II, III, second block : modules IV, V). It is necessary to speak in the common discussion at least three times in each didactic block. Attendance at the course, while recommended, is not mandatory, Non-attending students, therefore, may take the exam on the entire program as indicated. The exam may also be taken by incoming and outgoing Erasmus students. Especially the former are recommended to attend classes.Modalità Valutazione
The course provides different treatment between attending and non-attending students for the purpose of passing the exam. Examination arrangements for attending students Attending students may take two intermediate assessment tests at the end of each of the two teaching blocks. The tests will cover the general institutes and case law cases discussed during the lectures (up to the date of the test), as well as the chapters of the textbook pertaining to them. The test will consist of three open-ended questions (maximum 15 lines each), graded in tenths, for a total score of 30. The test will have a duration of 30 minutes. Specifically, the student will have to frame the legal institution and recall the principles and issues of law emerging in the relevant cases. Attending students who have actively attended classes and taken both exonerations, achieving a grade of at least passing (18/30) for each, will take the final test on the day of the exam. The final test consists of an open-ended question (maximum 15 lines) covering the entire course syllabus. The grade will be calculated from the average obtained in the intermediate assessment tests, with the possibility of a decrease or increase in score at the sole discretion of the examination committee of -2, -1, 0, 1 and 2. For students scoring 28 or above in the midterm tests, the final examination will be oral instead of written. An oral question is also provided for all those who scored 28 or higher on the final written test. Examination arrangements for non-attending students. For non-attending students, the examination consists of a written test and a possible oral assessment. The written test consists of three open-ended questions (maximum 15 lines), graded in tenths for a total score of 30. The test will have a duration of 30 minutes. In particular, the student will have to frame the institution and recall, as well, the principles of law contained in the cases dealing with it. For students scoring 28 or higher, an oral question is scheduled. For the purpose of the best preparation for the written test, students are recommended to practice individually with special simulations. Examination arrangements for Erasmus students. Erasmus students arriving from abroad at our University may agree with the lecturer on special arrangements for passing the exam, subject to studying the book.