Università degli Studi di Perugia

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Unit ADMINISTRATIVE LAW M-Z

Course
Law
Study-unit Code
GP003510
Location
PERUGIA
Curriculum
In all curricula
Teacher
Livia Mercati
CFU
18
Course Regulation
Coorte 2015
Offered
2018/19
Type of study-unit
Obbligatorio (Required)
Type of learning activities
Attività formativa integrata

I- ADMINISTRATIVE ORGANIZATION (M-Z)

Code GP003532
Location PERUGIA
CFU 6
Teacher Livia Mercati
Teachers
  • Livia Mercati - Didattica Ufficiale
Hours
  • 36 ore - Didattica Ufficiale - Livia Mercati
Learning activities Caratterizzante
Area Amministrativistico
Sector IUS/10
Type of study-unit Obbligatorio (Required)
Language of instruction Italian
Contents The formation of Administrative Law and the main elements of the administrative organization. Public administration and administrative powers. Legality and discretion of administrative power. The administrative acts, administrative procedure and subjective legal situations. The invalidity of the administrative acts. Effectiveness and execution of the administrative acts. Second degree acts. Public service activities. Contractual procedures. Civil liability of the public administration.
Reference texts M. Clarich, Manuale di diritto amministrativo, Bologna, il Mulino, 2017, except Chap. XI, XIII It’s necessary The knowledge of l. n. 241/90 in the current version.
Educational objectives Students will acquire the following basic knowledge: - Birth and Development of Administrative Law - Principles of Administrative Law also in the light of Community law - Subjective figures and forms of accusation - Attribution, competence and legitimacy - The employment relationship of the public administration - identification and classification of administrative powers in the relationship between legality and discretion; - identification of the phases and rules of the administrative procedure; - concept of administrative act and its pathologies - evolution of the concept of public services and the procedures for the management of the internal and Community law - contractual procedures of the civil liability of the p.The main skills that will enable the acquired knowledge will be: - the rules governing the identification of administrative powers - the rules governing the distribution of administrative powers within the state organization and autonomy - the role of the holders of the organs and the offices - how to impute the facts - the ability to identify, within the possible relationship between public administration and citizen: the rules governing the exercise of administrative powers, the types of conduct and their pathologies, the notions and Types of second-degree acts, the main issues in terms of public services, contractual activities and responsibilities.
Prerequisites It is required, both for attending and non-attending students, to know the fundamental notions of Constitutional Law and Private Law.
Teaching methods Frontal lessons that will cover all the topics discussed in the program, including the analysis of practical classroom cases.
Other information ---
Learning verification modality The test consists of an oral examination; The questions relate to the program as described, having regard to the knowledge of the subject, the ability to reason, the logic of argumentation, and the learning of the teaching methodology itself. The duration of the examination varies according to the evolution of the test.
Extended program Historical formation of administrative law and its principles - Foundations of the administrative organization - Organs and offices - Attribution and competence - Work report, office and service report - Administrative colleges - Public administration activities: the foundation And the characteristics of administrative powers, the general rules of their exercise - especially with regard to discretionary powers - the subjective legal situations of individuals in the face of administrative power. Particular attention is devoted to the administrative procedure, its phases and the rules for them contained in l. n. 241/90, until the issuance of the final decision, its possible pathologies and the second degree measures. The main topics of public services and the procedures through which public administrations conclude contracts are then discussed. Finally, the main institutes are connected with the responsibilities of public administrations and public officials.

II- ADMINISTRATIVE ACTIVITIES (M-Z)

Code GP003533
Location PERUGIA
CFU 6
Teacher Livia Mercati
Teachers
  • Livia Mercati - Didattica Ufficiale
Hours
  • 36 ore - Didattica Ufficiale - Livia Mercati
Learning activities Caratterizzante
Area Amministrativistico
Sector IUS/10
Type of study-unit Obbligatorio (Required)
Language of instruction Italian
Contents The administrative acts, administrative procedure and subjective legal situations. The invalidity of the administrative acts. Effectiveness and execution of the administrative acts. Second degree acts. Public service activities. Contractual procedures. Civil liability of the public administration.
Reference texts M. Clarich, Manuale di diritto amministrativo, Bologna, il Mulino, 2017, except Chap. XI, XIII It’s necessary The knowledge of l. n. 241/90 in the current version.
Educational objectives Students will acquire the following basic knowledge: - identification of the phases and rules of the administrative procedure; - concept of administrative act and its pathologies - evolution of the concept of public services and the procedures for the management of the internal and Community law - contractual procedures of the civil liability of the p.The main skills that will enable the acquired knowledge will be: - the rules governing the identification of administrative powers - the rules governing the distribution of administrative powers within the state organization and autonomy - the role of the holders of the organs and the offices - how to impute the facts - the ability to identify, within the possible relationship between public administration and citizen: the rules governing the exercise of administrative powers, the types of conduct and their pathologies, the notions and Types of second-degree acts, the main issues in terms of public services, contractual activities and responsibilities.
Prerequisites It is required, both for attending and non-attending students, to know the fundamental notions of Constitutional Law and Private Law.
Teaching methods Frontal lessons that will cover all the topics discussed in the program, including the analysis of practical classroom cases.
Other information ---
Learning verification modality The test consists of an oral examination; The questions relate to the program as described, having regard to the knowledge of the subject, the ability to reason, the logic of argumentation, and the learning of the teaching methodology itself. The duration of the examination varies according to the evolution of the test.
Extended program The foundation And the characteristics of administrative powers, the general rules of their exercise - especially with regard to discretionary powers - the subjective legal situations of individuals in the face of administrative power. Particular attention is devoted to the administrative procedure, its phases and the rules for them contained in l. n. 241/90, until the issuance of the final decision, its possible pathologies and the second degree measures. The main topics of public services and the procedures through which public administrations conclude contracts are then discussed. Finally, the main institutes are connected with the responsibilities of public administrations and public officials.

III- ADMINISTRATIVE MEASURE AND ADMINISTRATIVE JUSTICE (M-Z)

Code GP003534
Location PERUGIA
CFU 6
Teacher Livia Mercati
Teachers
  • Antonio Bartolini - Didattica Ufficiale (Codocenza)
  • Serenella Pieroni - Didattica Integrativa
Hours
  • 36 ore - Didattica Ufficiale (Codocenza) - Antonio Bartolini
  • 6 ore - Didattica Integrativa - Serenella Pieroni
Learning activities Caratterizzante
Area Amministrativistico
Sector IUS/10
Type of study-unit Obbligatorio (Required)
Language of instruction Italian
Contents Criticism of the institutions modulating the sentence, the judgment of compliance and the extraordinary appeal to the president of the republic
Reference texts In addition to the institutional manuals, the sentences analyzed will be indicated during the course
Educational objectives Deepening of some institutes characterizing the administrative process in the perspective of European law. Ability to use legal instruments, not only internal.
Prerequisites Knowledge of private law, constitutional law and substantial administrative law
Teaching methods Frontal lesson
Learning verification modality Final oral exam aimed at ascertaining the ability to communicate what is acquired with method and properties of language.
Extended program The peculiar role of nomophilachy in the system of administrative justice. Analysis of the (im) possibility of modulating the decisions of the Plenary Meeting in the light of some conflicting decisions of the same Assembly.
The judgment of compliance, the problem of the trial of progressive formation and the impact of the cds. contingencies, in light of the jurisprudence of the Supreme Courts (United Sections and Plenary Assembly).
The extraordinary appeal to the President of the Republic and its partial jurisdictionalization. Procedural consequences.
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