Facing the problems and improving the basic knowledge of the subject, even though the discussion of case studies in order to enrich the general students’ preparation. Increasing the capacity in critical debate, preparing the students to the exercise of their future legal professions in the field of administrative law. Legal institution and cases will be examined through comparative overview.
scheda docente
materiale didattico
In the second place, the class will shift its attention on the organization of public administration (PA), by highlighting how each structure is characterized by a different logic of collective action.
In the third place, the class will discuss how the PA works, by focusing on the main public power’s features and administrative discretion (i.e. contractual freedom).
From this moment on, the fourth sections will deepen the different approaches to regulation (both authoritative and contractual) in order to understand how individuals can be preserved by abuses of public power. Therefore, the fifth section will be dedicated to the study of the safeguards set up by law for those who complain about the violation of their rights and interests.
The sixth section is analyzed the rise and transformation of administrative law in Europe.
In the seventh and last section, is explored the diffusion of administrative law in the world.
The teaching style consist in cases’ discussions.
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.
Programma
In the first one the main topic consists in analyzing the strategic relationships inside administrative law (AL), especially about the historical and political processes that give birth to administrative functions.In the second place, the class will shift its attention on the organization of public administration (PA), by highlighting how each structure is characterized by a different logic of collective action.
In the third place, the class will discuss how the PA works, by focusing on the main public power’s features and administrative discretion (i.e. contractual freedom).
From this moment on, the fourth sections will deepen the different approaches to regulation (both authoritative and contractual) in order to understand how individuals can be preserved by abuses of public power. Therefore, the fifth section will be dedicated to the study of the safeguards set up by law for those who complain about the violation of their rights and interests.
The sixth section is analyzed the rise and transformation of administrative law in Europe.
In the seventh and last section, is explored the diffusion of administrative law in the world.
The teaching style consist in cases’ discussions.
Testi Adottati
The three texts for the preparation of 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.
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.