Corsi di Studio del Dipartimento di Giurisprudenza

The aim of the course is: to let the students become capable to apply the rules governing the administrative powers, the administrative proceedings and to verify their abidance and compliance in order to grant the interests and the rights of the citizens; to apply the rules and the fundamental administrative principles of national, EU and international law.

 

The course introduces students to the general principles of administrative law. On successful completion of the course the students will be able to: apply the rules governing the administrative powers and decisions and to verify their abidance and compliance in order to pursue the public interest by balancing the people rights; to read and to interpret the relevant case law.

The course aims at giving the students an overview of the rules governing the relationship between Public Administration and private actors (people or companies). The students will have the possibility to address different topics concerning the role of the rule of law in the regulation of the public powers as well as the limits to private actions posed by the government and the local authorities, the mechanisms for ensuring legality, transparency and accountability in executive decision-making.
The course aims at reflecting a wider dimension of the administrative law, starting from the analysis of the rising of Administrative law in a historical perspective and by underlining the Consitutional frameworks that governs the character of the administrative law. The course will then deepen the rules governing the public law-private law divide also by analyzing the rules of public contract and the privatization v. public values protection. Finally the topic of security, sovereignty and globalization will be addressed.

Mix of lecturing and case studies.

The course will be taught in blended mode, through e-learning modalities (see the Moodle webpage of the course).

Live lessons will be given at the Campus.

Audio files, reading materials and some optional exercises (with individual feedback), chats and forum.

To access Moodle, simply click on the "Go to Moodle" icon at the bottom of this page.

Access to Moodle will be open on February 2023 at the beginning of the Course.

You might click on the "subscribe" window that appears to be able to access it.

PLEASE PAY ATTENTION: the Course on Moodle will be "Administrative law 2022-2023"

All the students must also register for the Course, through the dedicated link at the bottom of this page "Register for the course", in order to be updated.

Please share this info to all those who may be interested.

Compulsory written exam (test) followed by an elective oral exam

The written exam will consist in a multiple choice test based on 32 questions.

The maximum score for the written test is 24/30, according to the following table of conversion:

Correct Answers	32 - 31	30 - 29	28 - 27	26 - 25	24 - 23	22 - 21	20 - 19
FINAL MARK	24	23	22	21	20	19	18

The elective oral exam permits the student to increase or to decrease the mark obtained in the written test, saving the sufficiency mark already obtained (18/30).

The oral exam will consist on 1/2 questions referring to all the material provided through the Moodle platform. 

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IN THE SPRING/SUMMER SESSION the exams will again take place at the Campus.

The day of the exam please check on the display in the Main All the Room in which the exam will take place.

ONLY those of you who cannot attend personally the exam at the Campus due to documented personal conditions (i.e.: quarantine, health reasons, those who are currently still living abroad, other personal conditions) must send an email to the Professor prior the expiration of the registration in order to be authorized to take the exam still online. He/She will be sent an email with the virtual room and the timetable. 

There is no a complete text book but selected chapters as listed below for every class. They

will be available on the Moodle website of the Course.

Further documents would be available as far as they will be of interest for the topics.

SELECTED CHAPTERS:

From the book Comparative Administrative Law (2010), S. Rose Ackerman. P. Lindseth, (eds):

1) Chris Backes and Mariolina Eliantonio, Administrative law (in:) Introduction to Law, ed. J. Hage, A. Walterman, and B. Akkermans, Springer International Publishing Switzerland 2014, 2017, pp. 223-227

2) Bernardo Sordi, Révolution, Rechtsstaat and the Rule of Law: historical reflections on the emergence and development of administrative law, p. 23-37

3) A.W. Bradley, K.D. Ewing, The The Rule of Law, (in:) Constitutional and Administrative Law, Pearson Educaation Limited 2007, pp. 93-105

4) Lord Bingham, The Rule of Law, "Cambridge Law Journal" 2007, Vol. 66, No. 1 March, pp. 67-;85

5) Tom Ginzburg, Written Constitutions and the administrative state: on the constitutional character of administrative law, p. 117-127

6) Herwig C.H. Hofmann, General Principles of EU law and EU administrative law, in: C. Barnard and S. Peers (eds.) European Union Law, Oxford University Press (Oxford, 2014)

7) Michael Asimow, Five Models of Administrative Adjudication, "The American Journal of Comparative Law", Winter 2015, Vol. 63, No. 1,  pp. 3-31

8) Kentaro Maeda, The Japanese Civil Service, in: A. Farazmand (ed.), Global Encyclopedia of Public Administration, Public Policy, and Governance, Springer International Publishing AG 2018

 

From the book Comparative Administrative Law (2017), S. Rose Ackerman. P. Lindseth, B. Emerson (eds):

9) Daphne Barak-Erez, Three questions of privatization, p. 533-551

10) Jean-Bernard Auby, Contracting out and "public values": a theoretical and comparative approach, p. 552-565

11) Laura A. Dickinson, Organizational structure and culture in a era of privatization: the case of United States military and security contractors, p- 566-581

12) Victor V. Ramraj, Transnational non-state regulation and domestic administrative law, p. 582-600

 

From the book Global Administrative Law (2016), S. Cassese (edt):

13) Emma Dunlop, Globalization and Sovereignty: Global Threats and International Security, p. 458-482

14) Eyal Benvenisti, The future of Sovereignty: The Nation State in the Global Governance Space, p. 483-501

15) Sabino Cassese, Governing the World, p. 502-514

 

SUGGESTED READINGS:

The Neoliberal Republic by Antoine Vauchez and Pierre France,Translated by Meg Morley,Foreword by Samuel Moyn | Paperback | Cornell University Press, 2021