DIRITTO AMMINISTRATIVO II

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA VA
Academic year when starting the degree: 
2017/2018
Year: 
4
Academic year in which the course will be held: 
2020/2021
Course type: 
Compulsory subjects, characteristic of the class
Seat of the course: 
Varese - Padiglione Morselli
Credits: 
9
Period: 
First Semester
Standard lectures hours: 
55
Detail of lecture’s hours: 
Lesson (55 hours)
Requirements: 

The course assumes the basic knowledge gained through the preparation of administrative law I. The following preparations also apply: Private law institutions, Constitutional law, Civil procedural law

Verification of learning will take place through oral exam appeals covering the entire program of the two-year course, with attribution of the final mark out of thirty; the exam interview will move from a general question to move on to more specific cutting and content questions, suitable for proposing further study paths. The assessment will take into account the level of knowledge of the topics covered by the course program and the technical-expressive ability of the candidate.
Attending students can participate, at their discretion, in special seminar modules, which will be the subject of an interview during the oral exam; intermediate tests will also take place, also optional, the eventual positive outcome of which will be taken into account, during the final interview.

Assessment: 
Voto Finale

The course has a thematic approach. The subject under investigation consists in particular of the consensual activity of the public administration, now at the center of the doctrinal and jurisprudential debate.

The teaching will focus in particular on the following topics:
- Provisional and conventional public administration activity.
General theory profiles
- The contrast between the contractual activity of private law and the contractual activity with a public object
- Administrative procedure and agreements
- The agreements referred to in art. 11 of Law no. 241/1990.
Replacement and supplementary agreements.
The debate on nature
- The invalidity regime: the comparison between the pathology of the provision and the defects of the agreements
- Judicial protection

For the preparation of the exam, the study of the following manuals is recommended:

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 part. Lessons, Giuffrè, 2017
- D. Sorace, Public Administration Law, 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 part. Lessons, Giuffrè, 2017
- D. Sorace, Public Administration Law. 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: 20/07/2018)
- U. Mattei, E. Reviglio, S. Rodotà (ed.), Reverse course. Ideas for a reform of public property, Il Mulino, 2007
- Herbert A. Simon, Administrative behavior, Il Mulino, 2001

For learning the subject, the study and direct knowledge of the relevant regulatory texts is essential. During the examination, the student must therefore demonstrate direct knowledge of the regulatory documents:
- 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 relating to law administrative, and the most important ones (e.g. L. 7 August 1990, n. 241, L. 23 March 1865, n. 2248, annex E, Presidential Decree 24 November 1971, n. 1199; Legislative Decree no. 104 of 2.7.2010 'code of the administrative process';
- referred to in the manuals and study texts.

Convenzionale

The teaching includes:
- mainly theoretical lessons, aimed at illustrating principles and institutes of administrative law;
- discussions of jurisprudential cases, aimed at promoting students the acquisition of administrative vocabulary and legal argumentation techniques;
- practical exercises concerning the topics dealt with during the theoretical lessons.
During the academic year, the teacher will also reserve the right to evaluate the activation of seminars with compulsory attendance concerning specific areas of Administrative Law.
It is expected that regulatory materials, case law and administrative documents will be uploaded to the e-learning platform.
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.

The reception of the students will take place over two days of the week, for a total of about 4 hours; moreover, during the period of the frontal teaching, it will be possible to make requests for clarification, as well as during the lesson, even at the end of the lesson. The teacher is also available to agree on a different reception time, upon request sent to him via the University email address, the Didactic Secretariat or other institutional channels.
The opportunities for interaction could also take place remotely.