Student guide Faculty of Law A.Y. 2010/11

Administrative Law
Aim of the course
The course  is divided into two parts:
- 1st semester: Administrative Law I
- 2nd semester: Administrative law II (administrative justice)
The course is intended to teach the student how to 'handle' administrative law competently and autonomously through the study of the elements that characterise it. The fact that this area of law is evolving quickly does in fact favour the study of the principles that govern it rather than the individual laws and regulations. Nevertheless, a series of practical exercises will be undertaken along with the analysis of each particular branch.
Particular attention will be paid to the effects on institutions of the new social and economic order, and above all to the redefining of the relationship between state and citizen and the introduction of so-called 'regulations'.
This course will be devoted to analysis of administrative law, including study of administrative jurisdiction and ordinary jurisdiction in relation to the public authorities.
1. The development of the public sector and administrative law.
2. Public bodies and interests. The legal position of the citizen as regards the state.
3. Organisation of public bodies: local government and other public authorities; the various departments; functions and powers; resources (personnel and property)
4. Administration: authorised activities, negotiated activities, public services
5. Administrative rules: elements, classification, efficacy, invalidity
6. Administrative procedure: classification, stages
7. Duties of public bodies and personnel
8. Changes imposed by the new social and economical order

1.   Rationale, origins and development of administrative law.
2.   The constitutional principles relating to protection of citizens in their dealings with the Public Administration.
3.   The relationship between the courts and the Public Administration.
4.   General framework of administrative jurisdiction.
5.   Legitimate interest.
6.   Administrative proceedings at first instance.
7.   Ex parte proceedings.
8.   Appeals and other remedies against judgments.
9.   Administrative judgments and their enforcement.

Supplementary work
Students intending to switch from first- and second-level courses to the long-cycle (five-year) course who have already taken the Administrative Law I and Administrative Law II (administrative justice) exams will be required to attend specifically organised seminars on social services to obtain the additional 3 credits needed. The seminar timetable will be announced at the beginning of the year. Students who have only taken the Administrative Law I exam must study for the Administrative Law II (administrative justice) exam, which gives 8 credits, on the basis of the textbook indicated in the reading list, together with the following article: Galetta, U.D., L’art. 21 octies della novellata legge sul procedimento amministrativo nelle prime applicazioni giurisprudenziali: un’interpretazione riduttiva delle garanzie procedimentali contraria alla Costituzione e al diritto comunitario, in Il Foro amministrativo T.A.R., 2005, fasc. 6, pp. 91-112. 
The exam, at the student’s choice, may consist of a single test or two separate tests, the first relating to the substantial part and the second to the procedural part, to be taken in a different convocation. In the latter case, the final mark will be the average of the marks obtained in the two tests.
Reading list
Administrative Law I
Corso, G., Manuale di diritto amministrativo, Giappichelli, Turin, 2006 (except for the chapter on judicial protection).
For the compilation of sources, which is also required to study Administrative Law II, students are advised to use Codice breve delle amministrazioni pubbliche (M. Cammelli and G. Sciullo eds.), Zanichelli, latest edition, or Codice breve di diritto amministrativo (F.A. Roversi Monaco and L. Vandelli, eds.), Maggioli, Rimini, latest edition.
Travi, A., Lezioni di giustizia amministrativa, Giappichelli, Turin, 2006.