Ateneo - UPO

The course deals with the issues relative to the general principles of administrative justice, focusing and reflecting on the procedural mechanisms in different legal, substantial situations and in situations where there is need for protection (annulment, compensation, fulfillment). The student will complete the preparation received during the course ‘Adminstrative Law I’, since it is not possible to fully grasp the meaning of the substantial institutions without knowing the institutions that have a more procedural focus.

For students attending lectures: all pedagogical material given during the lectures (slides, Administrative Proceedings, Appeals, Decisions). Propedeutic to these studies is the book: A. Travi, Manual of Administrative Law, Torino, Giappichelli, 2016, in its sessions indicated during the lectures. Alternatively, we suggest: F.G. Scoca, Administrative Justice, Torino, Giappichelli, Last Edition, in its sessions indicated during the lectures. For students not attending lectures: Preparation can be achieved by studying one of the two manuals, chosing from: . M. Clarich, Manual of Administrative Justice, il Mulino, last ediition; or: F.G. Scoca, Administrative Justice, Torino, Giappichelli, Last Edition.

The course will focus on the study of the pathological elements of the adminstrative act, which will be analysed in its variety of forms of invalidity (annulment, nullity, non-invalid illegality) and the judicial and procedural remedies provided by the ordinance to obtain protection. By the end of the course, the student will be able to directly critically analyse the administrative proceedings, as learnt during the lectures through an active involvement and participation of the student. Using the pegagogical approach, the course has the main objective of building a critical awareness in the student, through which s/he will be able to grasp the concrete aspects of the legal concepts outlined in the course. Following this perspective, in the final part of the course, lawyers and administrative magistrates are expected to participate to the lectures, alongside with the lecturer.

In order to be able to sit the exam of ‘Administrative Law II’, the student must have successfully passed the exams of ‘Administrative Law I’ and ‘Civil Procedural Law’

Critical analysis of the issues related to the administrative justice, which is obtained partially by attending the lectures, but mainly by using a pedagogical method that requires the attentive and active participation of the student in the study of the administrative and procedural acts and of the case studies. In the final part of the course, the student will be asked to write an example of a basic appeal against and unlawful measure.

For the students attending the course, a concrete and active participation will be evaluated, by assessing the acts discussed during the lectures and the exercises carried out. A final written examination will complete the assessments. For students not attending lectures, the fina written exam about the subjects covered during the course

The course will cover the issues of invalidity of the administrative act, responsibility of the administration, administrative and ordinary jurisdiction over the public administration, focusing on the actions that can be suggested before the Administrative Judge.

a) knowledge of the main institutions and principles of administrative justice b) problem solving