|Lecturer||Office hours for students|
|Matteo Gnes||After class or by appointment (to be requested by email)|
|Teaching in foreign languages|
Course with optional materials in a foreign language
This course is entirely taught in Italian. Study materials can be provided in the foreign language and the final exam can be taken in the foreign language.
Assigned to the Degree Course
|Date||Time||Classroom / Location|
The course is aimed at providing students with the basic theoretical concepts concerning the organization and action of public authorities; an updated picture of their activity and of the related remedies available to citizens; a picture of the relationship between national and European legal orders.
The course will deal with the following arguments
I. General Part (Administrative Law)
1. Administrative Law: its origins, developments, principles and functions;
2. Administrative organization;
3. Public employment;
4. Administrative procedure;
5. Administrative Acts;
7. Responsibility; basics of administrative justice
Students are required to study only one of the following two special parts of the course, at their choice.
II.a. Special part A (Public finance and economic activity of the public administration):
7. Public finance;
8. Public goods;
9. Public contracts.
II.b. Special part B ("Foundations of European Administrative Law") (materials and texts for this part of the course are available also in English):
7. The principles of European Administrative Law; the European administration and ist relationship with national administrations;
8. EU administrative activities; remedies; the relationship between national and European judges;
9. The influence on EU law on national administrative law and the "choice of law".
It is suggested that students take first the exam of Public Law or of Constitutional Law.
Learning Achievements (Dublin Descriptors)
Knowledge and understanding
The law graduate who has passed the examination of Administrative Law has acquired:
- a thorough knowledge and understanding of the fundamental legal sectors;
- a deep knowledge and understanding of Italian administrative Law and of its key institutions, as they come out at the international, European and national levels;
- knowledge of the most relevant administrative procedures;
- ability to understand purposes, contexts and consequences and policies of Administrative Law;
- a basic knowledge of the judicial and administrative instruments used to solve controversies with public administrations;
- for students who take the part on "European administrative law": deep knowledge of European Administrative Law and basic knowledge of European integration tools, acquired through the optional critical study of materials in English.
Applying knowledge and understanding
The law graduate who has passed the examination of Administrative Law has acquired:
- the ability to interpret and apply the rules of European, international and national law in the field of Administrative Law;
- the ability to search and find (also via electronic databases), to understand and use the sources, case law and documents in the field of Administrative Law. The acquisition of the above-mentioned instruments will be verified through the following methods: tutorials on case law and final exam.
The law graduate who has passed the examination of Administrative Law has acquired interpretive skills, critical and analytical skills to be able to interpret the relationship between facts and theory, in order to be able to identify, represent and solve problems related to protection of citizens’ rights related to the activity of the public administrations and of public services utilities, in order to produce legal texts, negotiations, litigation that are clear, relevant and effective.
The law graduate who has passed the examination of Administrative Law has acquired the ability to describe and deepen the legal problems related to the Administrative Law in the relationship between citizens and public administrations as well as among public administrations; ability to illustrate the logical-legal paths that lead to the solution of theoretical and practical problems; ability to influence and illustrate legal points, also in opposition to other interested parties.
The law graduate who has passed the examination of Administrative Law has acquired the skills and the basic tools in order to be able to constantly keep himself or herself up-to-date in field of Public and especially Administrative Law; the ability to understand the complexity of legal phenomena in the field of Administrative Law relations; the ability to independently follow the evolution of the Administrative Law and to further develop it using all the knowledge and instruments that are necessary for this purposes and have been acquired during the course of studies.
The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it
Seminar on legal research.
Materials available on blended learning website.
Didactics, Attendance, Course Books and Assessment
Formal classes and exercitations. Students attending the course will be asked to study and discuss during the class selected materials (law and regulations, judgments, documents) in order to get acquainted with the documents used in administrative activities. The final grade is based also on class participation.
A regular attendance is strongly suggested. Students must always bring to class a copy of the EU and TFEU Treaties.
- Course books
For the general part:
- S. Cassese (a cura di), Istituzioni di diritto amministrativo, Milano, Giuffrè, 2015 (o ult. ed.), cap. I-IV, VII, VIII, X-XII.
- the use of an updated "codice amministrativo" is strongly suggested.
As an alternative, students may use other updated and critical administrative law textbooks. As an example, the following textbooks may be used:
M. Clarich, Manuale di diritto amministrativo, Bologna, Il Mulino, ult. ed.; M. D'Alberti, Lezioni di diritto amministrativo, Torino, Giappichelli, ult. ed.; D. Sorace, Diritto delle amministrazioni pubbliche: una introduzione, Bologna, Il Mulino, ult. ed. Especially for further study, see also . Casetta - F. Fracchia, Manuale di diritto amministrativo, Milano, Giuffre, ult. ed.
For the special part "A":
- S. Cassese (a cura di), Istituzioni di diritto amministrativo, Milano, Giuffrè, 2015 (o ult. ed.), cap. V. VI, IX (ossia tutti i capitoli non compresi nella parte generale).
For the special part "B":
(a) textbooks in Italian:
- G. della Cananea (a cura di), Diritto amministrativo europeo. Principi e istituti, Milano, Giuffrè, 2011 (3rd ed.) (only Ch. I-IV), and:
- M. Gnes, Scelta del diritto (nell'ordinamento europeo), in Dizionario di diritto pubblico, a cura di S. Cassese, Milano, Giuffrè, 2006, vol. VI, pp. 5449-5460.
(b) textbooks in Engllish:
- P.P. Craig, EU Administrative Law, Oxford, Oxford University Press, 2012 (only ch. 1. History and Typology; 3. Centralized Management; 9. Foundations; 10. Courts; 11. Access; 12. Process; 22. Remedies I: EU; 23. Remedies II: Member States; 24. Ombudsman), and
- C.M. Tiebout, A pure theory of local expenditures, in Journal of Political Economy, vol. 64, 1956, pp. 416-424, and
- K. Gatsios - P. Holmes, Regulatory competition, in P. Newman (edited by), The new Palgrave dictionary of economics and the law, London - New York, Macmillan Reference Ltd - Stockton Press, 1998, vol. 3, pp. 271-275, and
- M. Gnes, European legal integration: new possibilities for EU and non-EU citizens?, in L. Matei (editor), Normativity, fundamental rights and legal order in the EU - Normativité, droits fundamentaux et ordre juridique dans l'UE, Bucharest, Editura Economică, 2010, pp. 29-56.
Written examination reserved to the students who attends the course (scheduled at the endo of the classes) and oral examination. As an alternative, students attending the course may take the general written examination. The final grade is based also on class participation.
Students must show to possess a good knowledge of the Constitution and of the most important European and Italian laws.
Additional Information for Non-Attending Students
Written and oral exam.
Materials and other informations will be available on prof. Gnes website (http://www.people.uniurb.it/MatteoGnes/da.htm) and on the Blended Learning website.
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