Course Program
1. SOURCES
The lectures will focus on the analysis of the Constitution and its principles with reference to public administrations and administrative law (principle of legality, good performance, reservation of the law, budget balance, etc.); the relationship with the sources of the European Union and therefore the importance of fundamental rights in administrative law. Government regulations with the study of Law 400 of 1988 and the analysis of the division of regulatory power between state and local bodies in the light of Title V, part two of the Constitution. The comparison between regulations and general administrative acts (competition notices, planning and programming acts, etc). Special attention will be devoted to ordinances of necessity and urgency: foundation and problems of constitutionality; legal nature; effects on the legal positions of the addressees. Consolidated Texts will also be analysed: nature and classification and Collective Agreements: their relevance in the light of the new configuration of the public employment relationship; characters and effects. The new model of collective bargaining in the context of the privatisation of the civil service. The measure-laws. The soft law, recommendations and guidelines
2. LEGITIMATE SITUATIONS.
Subjective legal situations: notion. Subjective right and legal expectation. Legitimate interests: historical evolution, identification criteria. Types of legitimate interests. The compensability of legitimate interests (normative and jurisprudential evolution). The protection of legitimate interest in the light of the Administrative Process Code. Procedural interests and the so-called "qualified administrative contact". Super-individual interests. Collective interests. The protection of diffuse interest. The protection of the diffuse interests of consumers and service users: the class action against the Public Administration
3. THE ORGANISATION OF THE PUBLIC ADMINISTRATION
The organisation of the Republic between unity and decentralisation: from the Constitution to the reform 18 October 2001, No 3, to Law No 24 of 2015 so-called Madia Law. Decentralisation and local autonomies. The organisation of public administrations by organs and offices: notion, relations, classifications. Inter-organ relations, hierarchy, equiordination between public legal persons. Subjectivity and legal personality in public law. The de facto official and the legal regime of acts adopted by the de facto official. Organisation of the State. Organisation of the Regions and Local Authorities (outline) The independent authorities: legal nature, attributions and powers. Judicial protection against the acts of the Authorities: procedural problems; legitimacy of appeal; judicial review and technical discretion. Public entities: typologies, legal regime and identification criteria. The succession between entities.
4. ADMINISTRATIVE ACTIVITY
The general principles of administrative activity (the principles of legality, impartiality, good performance (or good administration), publicity and transparency, proportionality, legitimate expectations, protection of competition). Exercise of administrative power. discretion and merit. Binding activity and discretionary activity. Discretionary administrative activity and high administrative activity. Administrative activity and acts of private law. Difference between discretion and merit. Technical discretionality The administrative procedure: definition and regulatory evolution. The initiative phase. The person in charge of the procedure. The preliminary investigation phase. Participation in the administrative procedure. The notice of initiation of the procedure. The rejection notice. Relationship between Articles 10 bis and 21 octies L. 241/90. Investigative powers and acts (technical assessments, opinions, inspections and enquiries, acts of investigation). Self-certifications and substitute declarations The services conference (regulatory and jurisprudential evolution). The decisional phase. The supplementary effectiveness phase. Principle of transparency and access between Law No 241 of 1990 and Legislative Decree No 33 of 2013. The principle of transparency. Access to administrative documents under L. 241/1990: legal nature, object, active legitimation, passive legitimation. Limits to the right of access. The protection of the right of access. Civic, simple and generalised access in Legislative Decree no. 33 of 2013, as amended by the so-called Madia decree.
5. ADMINISTRATIVE ACT AND MEASURE
The characteristics of the administrative measure (typicality and nominativeness; authoritativeness and imperativeness; enforceability). The elements of the administrative measure (essential and accidental elements). The motivation of the measure (scope of application of the obligation to motivate after law 241/1990 and its jurisprudential evolutions). The digitisation of the P.A., the Digital Administration Code and the rights of digital citizenship; the computerised document and its probative value. Administrative agreements Agreements between Public Administration and private parties and agreements between Public Administrations. Administrative silence. Silent consent (regulatory evolution). Silence-consent between public administrations: the new art. 17 bis l. 241/1990. Silence-consent and SCIA. Silence-denial. Silence-refusal (regulatory evolution and action against silence pursuant to art. 31 of the Code of Civil Procedure) Damages for delay. Silence-rejection. Effectiveness and invalidity of administrative measures. Revocation and withdrawal. Effectiveness of the administrative measure. Pathological profiles of the administrative measure. The illegitimate administrative act. Illegitimacy and annulment. Excess of power. Incompetence. Violation of the law. Non-validating defects. The void administrative act. Nullity for lack of essential elements. Nullity for lack of absolute defect of attribution. Nullity due to violation or avoidance of a judgement. Nullity expressly provided for by law. Ineffective administrative act. Annulment ex officio. Revocation and withdrawal. Regularisation (or rectification). Ratification and regularisation in the strict sense. Validation. Confirmation. Conversion. Executability and enforceability of the administrative act.
6. PUBLIC EMPLOYMENT. The contractualization of public employment: origins and evolution. The sources of public employment; employees contracted and under public law; the distinction between policy and management; the constitution of the employment relationship and the main institutions of Legislative Decree No. 165 of 2001; incompatibility, accumulation of employment and positions; public management; the spoils system.
