ECONOMY AND LAW

Module Administrative law

The course aims to provide a complete and updated reconstruction of administrative law, with specific reference to the activity and organization of public administrations. In particular, the course also aims to offer a not merely static approach to administrative law, consistently with Dublin descriptors, analyzing in detail the various legal tools, also through the use of new technologies.

1. Knowledge and Understanding

By the end of the course, students should: Know the fundamental principles of administrative law, with particular reference to the constitutional principles of legality, impartiality, and proper conduct (Article 97 of the Constitution); Understand the structure and functions of public administration; Know the sources of administrative law and their hierarchy; Understand administrative organization (bodies, responsibilities, relationships between administrations); Know the phases of the administrative procedure pursuant to Law No. 241 of August 7, 1990; Distinguish between an administrative act and a provision and understand their essential elements.

2. Applying Knowledge and Understanding

By the end of the course, students should be able to: Apply the principles of administrative law to concrete cases in the healthcare and organizational fields; Identify the phases of an administrative procedure; Recognize the legality and potential illegality of an administrative provision.

3. Making Judgements

By the end of the course, students should: Critically evaluate administrative action in light of the principles of legality, transparency, and proportionality; Identify potential conflicts between organizational needs and the protection of citizens' rights; Understand the responsibilities associated with the exercise of management functions.

4. Communication Skills

By the end of the course, students should: Correctly use basic legal language; Clearly explain the structure of an administrative procedure; Explain the differences between internal acts, general administrative acts, and provisions; Communicate effectively with colleagues on organizational and administrative issues.

5. Learning Skills

By the end of the course, students should: Be able to consult and understand basic regulatory texts; Be up-to-date on major regulatory developments; Integrate legal knowledge with organizational and professional knowledge; Develop an independent study method to address legal issues.

The course will be carried out according to teaching methods suitable to allow the acquisition of all the basic notions indicated in the training objectives. During the lessons, cases and materials previously provided to students will also be discussed.

If the teaching is given in mixed or remote mode, variations may be introduced to respect the program indicated in the syllabus

Some of the notions provided in the course may require or imply the preliminary knowledge of the basic notion of italian law and legal system, easily acquired by reading a recent manual (prerequisite useful)

Lessons will take place in the presence, unless otherwise determined by the Rector. Frequency is mandatory

The principles of administrative law - the organization of the public administration - administrative activity - the administrative procedure - administrative acts - the invalidity of the acts

S. Licciardello ed altri, Diritto amministrativo, Principi, organizzazione e azione, Le Monnier, Firenze 2020 (reference book).

Parte I, I principi, Cap. 3-5, p. 43-93; Parte II, L’organizzazione, Cap. 1-2, p. 109-140; Parte III, L'azione, Cap. 1,2 p. 165-211; Cap. 3, paragrafi 1-5, p. 213-219; Cap. 4, 5 p. 243-291

 Please remember that in compliance with art 171 L22.04.1941, n. 633 and its amendments, it is illegal to copy entire books or journals, only 15% of their content can be copied.

For further information on sanctions and regulations concerning photocopying please refer to the regulations on copyright (Linee Guida sulla Gestione dei Diritti d’Autore) provided by AIDRO - Associazione Italiana per i Diritti di Riproduzione delle opere dell’ingegno (the Italian Association on Copyright).

All the books listed in the programs can be consulted in the Library

Oral exam on the topics indicated in the program. Attending students will be able to agree with the teacher to carry out part of the examination on the cases and materials discussed during the lessons, in addition to the basic notions.

 The assessment of the exam will also cover the mastery of the contents and skills acquired, linguistic accuracy and lexical properties, as well as argumentative ability

Oral exam. Elements to be evaluated: relevance of the answers, quality of their contents, ability to connect with other topics within the program, ability to report examples, quality of technical language, and overall expressive ability.

To guarantee equal opportunities and in compliance with current laws, students can request a meeting in order to plan any compensatory and/or dispensatory measure, according to the educational goals and specific needs. In this case, it is advisable to contact the CInAP (Centre for Active and Participated Integration - Services for Disabilities and/or SLD) professor of the Department where the Degree Course is included

Administrative act; the procedure; the principle of legality; the principle of impartiality; administrative discretion; the defects of the act