The course is aimed at deepening the main principles of administrative law through the study of their judicial elaboration.
Course Prerequisites
Knowledge of the basic principles that have been the object of the administrative law first part course. To attend the administrative law second part course it's not needed to pass the exam of the first part, but is recommended to attend the first part course or at least to read one of the recommended handbooks.
Teaching Methods
Frontal lessons, discussions of case law cases in the classroom, weekly optional tutorial exercises.
Assessment Methods
The final exam is oral, but an optional written test is scheduled at the end of the course which consists of solving a case relating to the judicial review of an administrative act. Students were prepared to this test during the course with specific weekly tutorial exercises. The written test allows the student to verify his/her ability to put in practice, developing a specific legal argument, the main principles of administrative law deepened in their judicial dimension during the course. For those who pass the written test the oral examination focuses on the more formal profiles of the trial. For those who have not completed the written test, the oral examination aims to verifying the student's ability to grasp the practical aspect and problematic character of the principles that are the subject of the course.
Texts
- R. VILLATA, M. RAMAJOLI, Estratto da Il provvedimento amministrativo, second ed., Torino, Giappichelli, 2017, chapters II and IV; - A. TRAVI, Lezioni di giustizia amministrativa, 12th ed., Torino, Giappichelli, 2016, chapters IV, V, VI, VIII, IX, X, XI, XII, XIII and XV.
Contents
The discussion will start from the making of the administrative justice system in order to show the origin of the conceptual oppositions that govern administrative law: authoritative vs. parity act, legitimate interest vs. subjective right, judgment on the act vs. judgment on the relationship, rules of action vs. rules of relationship. Then the attention will be focused on the case law-building of administrative rightfulness, illustrating the judicial review in action and highlighting both the practical relevance, in that context, of the concepts of public interest, administrative discretion, technical discretion, administrative procedure and motivation of administrative acts, and the role of the principles of logic, reasonableness, impartiality, fairness and proportionality. Finally, the remedies for citizens against administrative power and the relationship between substantive law and the process will be analyzed, with particular attention, on the one hand, to the framework of eligible actions and judge’s decision-making powers provided by the Administrative Process Code and, on the other hand, to the relevance of fundamental rights under administrative law.
