Unit ADMINISTRATIVE LAW

ADMINISTRATIVE LAW I MOD.

Code	A000103
Location	PERUGIA
CFU	6
Learning activities	Caratterizzante
Area	Amministrativistico
Academic discipline	IUS/10
Type of study-unit	Obbligatorio (Required)

Cognomi A-L

CFU

6

Teacher

Fabrizio Figorilli

Teachers

• Annalisa Giusti (Codocenza)

Hours

• 36 ore (Codocenza) - Annalisa Giusti

Language of instruction

Italian Erasmus students should speak and understand Italian

Contents

The administrative law course is divided into three units. The first unit introduces administrative law, exploring its origins and reasons for speciality Specific attention will be given to the principles of administrative law, which also form the basis for the study of administrative organization and activity. The first unit focuses mainly on administrative organization and addresses two fundamental questions: what are public administrations, and how are they organized?

Reference texts

G. Della Cananea, M. Dugato, B. Marchetti, A. Police, M. Ramajoli Manuale di diritto amministrativo Giappichelli, Torino, 2nd edition

Educational objectives

The Administrative Law course is divided into three modules, devoted to the study of administrative principles and organization, administrative activity and administrative justice. The overall objective of the course is to provide the student with a comprehensive training in the fundamentals of substantive and procedural administrative law and their respective interactions.

Prerequisites

Good knowledge of the essential contents of private law and constitutional law is required.

Teaching methods

Lectures accompanied by in-depth seminars.

Other information

nothing

Learning verification modality

the examination consists of an oral test; the questions deal with the syllabus as described by the lecturer in the relevant sheet, having regard to knowledge of the subject, reasoning ability, logicality of argumentation and learning of the methodology peculiar to the individual teaching. the duration of the examination varies according to the progress of the test. Generally there are at least three questions related to the three modules of the course. For students with disabilities and/or DSA, guidance offered by the University will be followed. For information on support services for students with disabilities and/or DSA, visit http://www.unipg.it/disabilita-e-dsa.

Extended program

General introduction to administrative law: reasons for specialization The general principles of administrative law and their relevance in the study of administrative organization and activity Administrative organization: public bodies (economic and non-economic) and classification criteria State administrations: Ministries, agencies and auxiliary bodies of the state; independent administrative authorities; Regions and local bodies in the context of administrative law, particularly administrative functions; Administrations in the context of European law, particularly bodies governed by public law; Private entities exercising public functions; Offices and "organo"; The classification of bodies, particularly collegiate bodies; The mechanisms of imputation, particularly the organic relationship; Anomalies, such as de facto officials and officials in prorogatio; The main organisational relationships; Staff in public administration; Public management.

Obiettivi Agenda 2030 per lo sviluppo sostenibile

The course realizes Goal 16 of Agenda 2030 "Peace, Justice and Strong Institutions" because it is concerned with studying the organization, activity and tools available to public administrations as active players in realizing the goal.

Cognomi M-Z

CFU

6

Teacher

Antonio Bartolini

Teachers

• Antonio Bartolini

Hours

• 36 ore - Antonio Bartolini

Language of instruction

Italian

Contents

Administrative Law – Historical Profiles – Principles – Organizational Figures – Public Legal Personality – The Structure of Public Administration - Public workers

Reference texts

A. Bartolini, S. Fantini, Le ragioni della specialità, Maggioli, 2017; R. Ursi, Diritto amministrativo generale, Wolters Kluwer, 2024, 69- 194

Educational objectives

Students will acquire knowledge about the meaning of administrative law and the historical reasons for its origin and existence. They will understand the function of the principles that govern the system and their main contents. The structure of administrative organization will be examined both as a micro-organization and as a macro-organization.

Prerequisites

Basic knowledge of private law, constitutional law, commercial law, and labor law is required.

Teaching methods

Lectures will include both theoretical concepts and practical case studies.

Other information

They may be requested during student office hours.

Learning verification modality

oral examination

Extended program

The sources of administrative law: legislative, judicial, and doctrinal The historical development of the administrative state European administrative law Global administrative law Historical contributions of European legal traditions Italian unification The Fascist legal order The First Republic The Second Republic Principles: legality, impartiality, efficiency, reasonableness, proportionality, good faith and cooperation, and other principles Offices and bodies; the office relationship; collegial bodies; inter-organ and inter-subjective relations Public entities; bodies governed by public law; in-house providing; publicly owned companies Ministries, Agencies, Independent Authorities, Regions, Local Territorial Authorities, Universities, and Chambers of Commerce Public personnel; recruitment by competitive examination; duties; managerial staff

Obiettivi Agenda 2030 per lo sviluppo sostenibile

Peace, justice, institutional enforcement

ADMINISTRATIVE LAW II MOD.

Code	A000104
Location	PERUGIA
CFU	6
Learning activities	Caratterizzante
Area	Amministrativistico
Academic discipline	IUS/10
Type of study-unit	Obbligatorio (Required)

Cognomi A-L

CFU

6

Teacher

Fabrizio Figorilli

Teachers

• Fabrizio Figorilli
• Annalisa Giusti (Codocenza)

Hours

• 18 ore - Fabrizio Figorilli
• 18 ore (Codocenza) - Annalisa Giusti

Language of instruction

Italian Erasmus students should speak and understand Italian

Contents

In continuity with the first module, the second is specifically aimed at studying administrative activity and subjective legal situations. After an initial examination of the classifications of administrative activity, such as discretionary activity, constrained activity, technical discretion and private law activity, we will move on to studying subjective legal situations, with a particular focus on legitimate interest. Module II delves into the core of administrative procedure and measures, focusing specifically on Law No. 241/1990.

Reference texts

. Della Cananea, M. Dugato, B. Marchetti, A. Police, M. Ramajoli, Manuale di diritto amministrativo, 2 nd edition, Giappichelli chap. III, par. 2 and par. 3 chap. VI, cap. VII

Educational objectives

In continuity with Module I, Module II of the course aims to provide knowledge and understanding of the fundamental and general categories of administrative activity, as well as the theory of subjective legal situations.

Prerequisites

Students should have attended the lectures in the first module and be familiar with the basics of administrative principles and organisation.

Teaching methods

Lectures accompanied by in-depth seminars

Other information

nothing

Learning verification modality

the examination consists of an oral test; the questions deal with the syllabus as described by the lecturer in the relevant sheet, having regard to knowledge of the subject, reasoning ability, logicality of argumentation and learning of the methodology peculiar to the individual teaching. the duration of the examination varies according to the progress of the test. Generally there are at least three questions related to the three modules of the course. For students with disabilities and/or DSA, guidance offered by the University will be followed. For information on support services for students with disabilities and/or DSA, visit http://www.unipg.it/disabilita-e-dsa.

Extended program

The discretionary activity of public administration. The characteristics of binding activity. The technical discretion of the public administration. Subjective legal situations, particularly legitimate interests. The administrative procedure: examination of the various stages through Law No. 241/1990. The S.C.I.A. The right of access The administrative measure and its statute. The self-defence of the public administration.

Obiettivi Agenda 2030 per lo sviluppo sostenibile

The course realizes Goal 16 of Agenda 2030 "Peace, Justice and Strong Institutions" because it is concerned with studying the organization, activity and tools available to public administrations as active players in realizing the goal.

Cognomi M-Z

CFU

6

Teacher

Antonio Bartolini

Teachers

• Livia Mercati (Codocenza)
• Antonio Bartolini

Hours

• 18 ore (Codocenza) - Livia Mercati
• 18 ore - Antonio Bartolini

Language of instruction

Italian

Contents

The administrative relationship; the administrative procedure; the forms of the decision (the administrative provision and the agreements); the tools for implementing administrative transparency.

Reference texts

R. URSI, Diritto amministrativo generale, Cedam - Wolters Kluwer Italia, 2024, Parte III, Cap. I, II, III. IV.

Educational objectives

Students will acquire the following main knowledge: the notion of administrative function and administrative power; subjective legal situations; administrative discretion; the administrative procedure; the administrative provision, its characteristics and its pathologies; second-degree provisions. Notion of administrative transparency and evolution of its discipline. The main skills that will allow them to apply the knowledge acquired will be: the phases of the administrative procedure and the role of the person responsible for the procedure; the types of provisions and their pathologies, the notions and typologies of second-degree provisions. The different typologies of access to administrative documents: scope and limits.

Prerequisites

It is required, both for attending and non-attending students, to know the fundamental notions of Constitutional Law and Private Law.

Teaching methods

Face-to-face and remote lessons in accordance with currente University regulations.

Other information

Student reception by e-mail appointment with the teacher. Students with disabilities and/or DSA: for any information on University services, consult the page https://lettere.unipg.it/home/disabilita-e-dsa and get in touch with the Department Contact Person.

Learning verification modality

The test consists of an oral examination; the questions will 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. For DSA problems: http://www.unipg.it/disabilita-e-dsa

Extended program

The activity of the public administration: the foundation and characteristics of administrative powers, the general rules for their exercise - especially with regard to discretionary powers. The administrative procedure, its phases and the rules for them contained in law no. 241/90, up to the issuing of the final provision. The provision as a legal act and its characteristics. The pathologies of the administrative provision. Second-degree powers. Consensual forms of decision. Access to administrative documents: active and passive legitimacy; protection of the privacy of third parties; simple and generalized civic access.

ADMINISTRATIVE LAW III MOD.

Code	A000105
Location	PERUGIA
CFU	6
Learning activities	Caratterizzante
Area	Amministrativistico
Academic discipline	IUS/10
Type of study-unit	Obbligatorio (Required)

Cognomi A-L

CFU

6

Teacher

Fabrizio Figorilli

Teachers

• Fabrizio Figorilli

Hours

• 36 ore - Fabrizio Figorilli

Language of instruction

Italian Erasmus students should speak and understand Italian

Contents

In continuity with its predecessors, Module III aims to delve deeper into certain specialised areas of administrative law. It will address public contracts, public services and the liability of the administration. The main focus will be on studying administrative justice.

Reference texts

G. Della Cananea, M. Dugato, B. Marchetti, A. Police, M. Ramajoli Manuale di diritto amministrativo Giappichelli, Torino, seconda edizione , cap. VIII par. 1, 2, 5, 6 (dal 6.1. al 6.5) F. G. Scoca (a cura di), Giustizia amministrativa, ultima edizione, Giappichelli, Torino. Parte I, cap. 1 e cap. 2; parte II, cap. 1, 3, 4, 5; Parte III, cap. 1, cap. 2; Parte IV, cap. 1 (esclusa sezione V); cap. III, sez. I e sez. II; parte 5, cap. 1, 2, 3, 4, 5; parte VI cap. 1, 2

Educational objectives

The lessons in Module III offer an in-depth study of the key specialised administrative law institutes and provide a solid foundation in administrative justice principles.

Prerequisites

Knowing the general notions from modules I and II will be useful.

Teaching methods

There are lectures accompanied by in-depth seminars.

Other information

nothing

Learning verification modality

the examination consists of an oral test; the questions deal with the syllabus as described by the lecturer in the relevant sheet, having regard to knowledge of the subject, reasoning ability, logicality of argumentation and learning of the methodology peculiar to the individual teaching. the duration of the examination varies according to the progress of the test. Generally there are at least three questions related to the three modules of the course. For students with disabilities and/or DSA, guidance offered by the University will be followed. For information on support services for students with disabilities and/or DSA, visit http://www.unipg.it/disabilita-e-dsa.

Extended program

The Contractual Activity of Public Administrations: The Main Characteristics, Contract Types and Award Procedures Public services: The liability of public administrations Administrative Justice The Origins and Characteristics of Administrative Justice Constitutional principles on administrative justice Judges and their organisation The scope of administrative jurisdiction - Forms of Jurisdiction Procedural requirements and conditions of action - Jurisdiction Constitutive actions, in particular actions for annulment. - actions for declaratory relief Declaratory relief - Interim relief The dynamics of the trial (access to the court, preliminary investigation and decision). Legal remedies: Res judicata and compliance. Other special rights: proceedings against silence, public contract litigation and access proceedings.

Obiettivi Agenda 2030 per lo sviluppo sostenibile

The course realizes Goal 16 of Agenda 2030 "Peace, Justice and Strong Institutions" because it is concerned with studying the organization, activity and tools available to public administrations as active players in realizing the goal.

Cognomi M-Z

CFU

6

Teacher

Livia Mercati

Teachers

• Livia Mercati
• Serenella Pieroni

Hours

• 36 ore - Livia Mercati
• 6 ore - Serenella Pieroni

Language of instruction

Italian

Contents

Public administration contracts. Public services. Responsibility. Elements of administrative justice

Reference texts

R. URSI, Diritto amministrativo generale, Cedam - Wolters Kluwer, 2024, Parte III, Capp. V, VI; Parte IV, Cap. I. L. FERRARA, Lezioni di giustizia amministrativa, IV ed., Torino, Giappichelli, 2025, pagg. 81-248.

Educational objectives

Students will acquire the following main knowledge: concept and typologies of public administration contracts. Evolution of the concept of public service and management methods between domestic law and community law. The responsibility of public administration. The compensability of legitimate interests. Administrative responsibility. Administrative jurisdiction; the principles of administrative process; actions. The main skills that will allow them to apply the knowledge acquired will be the definitions of the institutions covered, the domestic and community legislation that governs them and the main jurisprudential orientations that concern them.

Prerequisites

It is required, both for attending and non-attending students, to know the fundamental notions of Constitutional Law and Private Law.

Teaching methods

Face-to-face and/or remote lessons based on current University provisions.

Other information

Student reception by e-mail appointment with the teacher. Students with disabilities and/or DSA: for any information on University services, consult the page https://lettere.unipg.it/home/disabilita-e-dsa and get in touch with the Department Contact Person.

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. For DSA problems: http://www.unipg.it/disabilita-e-dsa

Extended program

The general principles and scope of the Public Contracts Code (award procedures; contract execution; means of protection). Controls on acts and activity: structure and function. Regulation and forms of management of public services: services of general interest in European law; local public services. The constitutional basis of the liability of the administration; the compensability of legitimate interest and the types of compensable damage. Administrative liability for damage to the treasury. The distribution of jurisdiction; the jurisdiction of legitimacy, exclusive and merit; the principles of the administrative process. The actions that can be brought and their respective characteristics.