DIRITTO AMMINISTRATIVO I PARTE

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA
Academic year when starting the degree: 
2018/2019
Year: 
3
Academic year in which the course will be held: 
2020/2021
Course type: 
Compulsory subjects, characteristic of the class
Seat of the course: 
Como - Sant'Abbondio
Language: 
Italian
Credits: 
9
Period: 
First Semester
Standard lectures hours: 
55
Detail of lecture’s hours: 
Lesson (55 hours)
Requirements: 

The knowledge of the general public law and of the civil procedure is required for an easier understanding by the student of the topics covered.

Learning assessment methods:
The learning assessment will take place through oral exam sessions covering the entire two-year course program, with the final grade being awarded in thirtieths and completed according to the 'inverted cone' method, ie moving from a general question to go to more specific questions of cut and content, suitable for envisaging further in-depth studies.

For attending students, learning verification will take place through:
a) intermediate written tests during the course - which will focus on the course program up to that point addressed - whose outcome will be taken into account during the examination;
b) in the event of failure to pass the aforementioned written tests, appeals for oral examination - which will focus on the overall program of the course in case of failure to pass all the written tests or on the part of the program corresponding to the written test (s) not exceeded / e-.

In both cases, the following will be evaluated in particular: the ability to report the contents of the program in a manner appropriate to the specificities of the subject and according to correct logical-systematic canons, the ability to link together the various institutes of administrative law, argumentative abilities, the technical-expressive capacity.

Assessment: 
Voto Finale

The course aims to provide students with a full basic knowledge of administrative law, as an evolutionary phenomenon, with reference, on the one hand, to organization and administrative activity and, on the other hand, to administrative justice.
The student must demonstrate to have acquired, also in a historical-institutional key, full awareness of the functions performed by the public administration in terms of public services, order activities and those of protection of public and private assets of common interest (environmental , landscape, territorial, cultural and economic) in the context of the complex and pluralistic society, of the forms of opening of the procedure to the subjects involved and of the devices designed to ensure protection - full and effective - to the subjective positions guaranteed by the administrative justice system.
The course grants the student the ability to use the categories and the lexicon of administrative law in an appropriate manner in order to recognize the basic features of the relationship between citizens and the public administration.
The course will also be articulated through the study and discussion in the classroom of doctrinal contributions, administrative materials and practical cases that will allow to outline the structure of the sectoral disciplines of the CD. administrative law of a special part (procurement, environment, government of the territory, economic and social public services etc.), allowing the student to develop an adequate capacity for critical evaluation and legal argumentation.

The course will focus in particular on the following topics:
- The ratio and purpose of administrative law;
- Public powers and private freedoms (active and passive);
- The sources of administrative law: general notions; the hierarchy of sources; national sources and international sources;
- The general principles of the activity and administrative organization;
- Subjective juridical positions: subjective rights and legitimate interests; collective and widespread interests;
- The administrative procedure and the administrative provision;
- Administrative and technical discretion; the merit;
- Invalidity, annulment and irregularity of administrative measures;
- Illegality of the acts and responsibilities of the p.a .;
- Consensual activity under private law;
- The consensual activity under public law;
- Social and economic public services: general rules and sector disciplines; action for efficiency towards p.a.
- Public goods, common goods and private goods of public interest;
- Public organization: organizational models and analysis of current law; State, Regions, local authorities, other public bodies;
- The administrative justice system: origins, developments and general characteristics of the protection system;
- Ordinary judge and protection of subjective rights;
- The jurisdiction of the GA: jurisdiction of legitimacy, exclusive, of merit.

For the preparation of the exam we recommend the study of the following manuals:

Attending students (A + B)

A) a text chosen from the following alternatives:
- Clarich M., Manual of administrative law, Il Mulino, ult. ed.
- G. Greco, m. Cafagno, D.U. Galetta, M. Ramajoli, M. Sica, Arguments of administrative law. Vol. 1: General section. Lessons, Giuffrè, 2017
- D. Sorace, Law of public administrations, Il Mulino, ult. ed.

B) A. Travi, Lessons of administrative justice, Giappichelli, ult. ed.

Non-attending students (A + B + C)
A) a text chosen from the following alternatives:
- M. Clarich, Manual of administrative law, Il Mulino, ult. ed.
- G. Greco, m. Cafagno, D.U. Galetta, M. Ramajoli, M. Sica, Arguments of administrative law. Vol. 1: General section. Lessons, Giuffrè, 2017
- D. Sorace, Law of public administrations. An introduction, Il Mulino, ult. ed.

B) A. Travi, Lessons of administrative justice, Giappichelli, ult. ed.

C) the works indicated in one of the following three alternatives:
- Bernardo Sordi, Justice and administration in liberal Italy. The formation of the notion of legitimate interest, Giuffrè, 1985 (on the market since: 07/20/2018)
- U. Mattei, E. Reviglio, S. Rodotà (edited by), selected the route. Ideas for a reform of public property, Il Mulino, 2007
- Herbert A. Simon, The administrative behavior, Il Mulino, 2001

For the learning of the subject the study and the direct knowledge of the pertinent normative texts is essential. During the examination the student must therefore demonstrate direct knowledge of the regulatory acts:
- fundamental (Constitution of the Italian Republic, Treaty on European Union and Treaty on the Functioning of the European Union, ECHR Convention, etc.), with particular regard to the provisions relating to public administration and, more generally, to those concerning the law administrative, and of the most important ones (eg L. 7 August 1990, No. 241, L. March 23, 1865, No. 2248, Annex E, Presidential Decree November 24, 1971, No. 1199; Legislative Decree No. 104 of 2.7.2010 'code of the administrative process';
- referred to in manuals and study texts.

Convenzionale

The teaching activity will take place through lectures (for a total of 65 hours, in relation to the number of 11 credits attributed to teaching). These will be integrated and supported by the examination of further teaching materials, such as a series of sentences referring to the general law on the administrative procedure (l. 7 August 1990, n. 241) and to the topics covered in the course.
The teaching therefore includes:
- mainly theoretical lessons, aimed at illustrating principles and institutes of administrative law;
- discussions of jurisprudential cases, aimed at promoting in students the acquisition of administrative-related vocabulary and legal argumentation techniques;
- practical exercises concerning the topics dealt with during the lectures.
During the academic year, the teacher also reserves the right to evaluate the activation of mandatory attendance seminars concerning specific areas of Administrative Law.
It is expected that regulatory materials, case law and administrative documents will be uploaded onto the e-learning platform.

Frequency
a) the frequency is considered as an evaluation parameter, during the final exam;
b) the program reserved for attending students can be diversified; the texts and materials useful for the preparation of attending students will be indicated during the course;
c) attending students will be able to take part, at their discretion, in special seminar modules, and begin the oral exam with the exposition of the related investigations;
d) attending students will be able to take part, at their discretion, in any intermediate examination, the outcome of which will be taken into account, during the final interview.
The lessons could be carried out through remote teaching and / or audio recordings and / or power points with built-in audio and, in any case, with suitable methods to ensure opportunities for interaction with students and to ensure compliance with the course program.

Students will receive two days of the week, for a total of about 4 hours; moreover, during the period of frontal teaching, it will be possible to formulate requests for clarifications, as well as during the lesson, even at the end of the same. Moreover, the lecturer is available to agree on a different time of receipt, upon request addressed to him through the University email address, the Educational Secretariat or other institutional channels.
The opportunities for interaction could also take place remotely.

Professors