Administrative Justice
A.Y. 2024/2025
Learning objectives
The learning objective of the course is developing knowledge about the fundamentals of the administrative justice system, considering its most complex and debated issues.
This objective shall be pursued by presenting the characteristics of the protection of individuals, social groups and undertakings in front of public authorities and by explaining the judicial review of administrative action in its historical, normative and concrete implementation.
The analysis of the legal instruments and remedies, as applied by the jurisprudence and in the constitutional framework, will allow students to acquire a method of reasoning suitable to face specific and complex legal issues.
This objective shall be pursued by presenting the characteristics of the protection of individuals, social groups and undertakings in front of public authorities and by explaining the judicial review of administrative action in its historical, normative and concrete implementation.
The analysis of the legal instruments and remedies, as applied by the jurisprudence and in the constitutional framework, will allow students to acquire a method of reasoning suitable to face specific and complex legal issues.
Expected learning outcomes
In accordance with the Dublin descriptors, the course aims to provide students with the knowledge of the fundamentals of administrative justice, its debated issues and its underlying reasons.
Lessons will be based on normative texts, jurisprudence and doctrinal articles. Students are required to develop skills in listening, paying attention, comprehend and analyse the contents of the lessons and of the course, developing a critical approach.
Students should be able to formulate personal opinions, supporting them with logical and legal arguments.
Moreover, students should be able to express the acquired notions with property of language, argumentative coherence and systematic rigour.
Finally, students must prove knowledge of single institutions in the Italian and supranational framework.
Lessons will be based on normative texts, jurisprudence and doctrinal articles. Students are required to develop skills in listening, paying attention, comprehend and analyse the contents of the lessons and of the course, developing a critical approach.
Students should be able to formulate personal opinions, supporting them with logical and legal arguments.
Moreover, students should be able to express the acquired notions with property of language, argumentative coherence and systematic rigour.
Finally, students must prove knowledge of single institutions in the Italian and supranational framework.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Surname A-C
Responsible
Lesson period
First semester
Course syllabus
- Origins and development of the Italian administrative justice system
- The constitutional principles on the jurisdictional protection of the citizen against the public administration
- The influence of the European Convention on Human Rights and European Union law on the protection of citizens towards public administration
- Protection needs and subjective legal situations (subjective right and legitimate interest)
- Uniqueness and plurality of jurisdictions
- The criteria for distribution between jurisdictions
- The jurisdiction of the ordinary judge over the public administration
- The jurisdiction of the administrative judge: general jurisdiction of legitimacy, exclusive and merit
The administrative process
- The object of judgment. The forms of protection and the type of actions: annulment, condemnation, compliance, against silent non-compliance, nullity and assessment, subrogation
- Parts
- Legitimation and interest in appealing
- Judgment before the Regional Administrative Courts: general notes;
- Competence by territory
- The introductory appeal and the additional reasons
- The cross-appeal
- The counterclaim
- Precautionary protection
- The investigation
- The sentence and appeals
- The administrative judgement
- The execution of the sentence
- Special rites
- Protection regarding public contracts
- Litigation before the Court of Auditors
- Litigation before the Superior Court of Public Waters
- Administrative appeals
- Arbitration
- Alternative methods of dispute resolution
- The constitutional principles on the jurisdictional protection of the citizen against the public administration
- The influence of the European Convention on Human Rights and European Union law on the protection of citizens towards public administration
- Protection needs and subjective legal situations (subjective right and legitimate interest)
- Uniqueness and plurality of jurisdictions
- The criteria for distribution between jurisdictions
- The jurisdiction of the ordinary judge over the public administration
- The jurisdiction of the administrative judge: general jurisdiction of legitimacy, exclusive and merit
The administrative process
- The object of judgment. The forms of protection and the type of actions: annulment, condemnation, compliance, against silent non-compliance, nullity and assessment, subrogation
- Parts
- Legitimation and interest in appealing
- Judgment before the Regional Administrative Courts: general notes;
- Competence by territory
- The introductory appeal and the additional reasons
- The cross-appeal
- The counterclaim
- Precautionary protection
- The investigation
- The sentence and appeals
- The administrative judgement
- The execution of the sentence
- Special rites
- Protection regarding public contracts
- Litigation before the Court of Auditors
- Litigation before the Superior Court of Public Waters
- Administrative appeals
- Arbitration
- Alternative methods of dispute resolution
Prerequisites for admission
According to the didactic regulation, it is a prerequisite to pass and register the exams of Private Law, Constitutional Law, Civil Procedural Law and Administrative Law. Compliance with the preparatory requirements applies only if the student who appears for the exam has taken it with a positive result and the grade has been duly registered.
Teaching methods
During lessons, reference will be made to regulatory texts, the most significant jurisprudential precedents and doctrinal reflections. Sometimes reference may also be made to procedural documents to allow the student direct knowledge of appeals, briefs, etc. which are most frequently used in disputes between citizens and public administration.
Lessons offer a general overview of the topics included in the program; attendance allows you to develop the skills and knowledge necessary to pass the exam. However, individual study and deepening are essential and it is recommended to begin before the start of the course and then in the same period in which lessons are held so that learning takes place day by day essentially through attendance and contextual study and deepening of individual topics.
Other teachers or experts may be invited to hold some lessons of the course, in order to offer attending students further contributions or ideas of interest.
Seminars, exercises or conferences will also be organized to explore topics related to teaching - in person or, if permitted, also electronically - and students will be informed during lessons and by publishing a notice on the teaching website on the portal. Ariel University's online teaching program in order to encourage the widest participation of interested parties whose personal contribution will be taken into account for the purposes of assigning the final grade.
The calendar of lessons with the relevant topics will be published on the teaching website in the Ariel University online teaching portal (ariel.unimi.it) before the start of the course. Notices relating to any changes, the materials accompanying the oral lessons and the day and time of office hours for students and any other useful information will also be published on the aforementioned website.
Lessons offer a general overview of the topics included in the program; attendance allows you to develop the skills and knowledge necessary to pass the exam. However, individual study and deepening are essential and it is recommended to begin before the start of the course and then in the same period in which lessons are held so that learning takes place day by day essentially through attendance and contextual study and deepening of individual topics.
Other teachers or experts may be invited to hold some lessons of the course, in order to offer attending students further contributions or ideas of interest.
Seminars, exercises or conferences will also be organized to explore topics related to teaching - in person or, if permitted, also electronically - and students will be informed during lessons and by publishing a notice on the teaching website on the portal. Ariel University's online teaching program in order to encourage the widest participation of interested parties whose personal contribution will be taken into account for the purposes of assigning the final grade.
The calendar of lessons with the relevant topics will be published on the teaching website in the Ariel University online teaching portal (ariel.unimi.it) before the start of the course. Notices relating to any changes, the materials accompanying the oral lessons and the day and time of office hours for students and any other useful information will also be published on the aforementioned website.
Teaching Resources
For both attending and non-attending students is recommended:
ALDO TRAVI, Lezioni di giustizia amministrativa, Torino, Giappichelli, latest edition
Direct knowledge of the of the Judicial Proceeding Code (legislative decree 2 July 2010, n. 104), of regulatory sources and sentences on the subject of administrative justice of the ECHR, CJEU, Constitutional Court, of the Court of Cassation, United Sections, and of the Council of State, Plenary Meeting, cited in the manual in also required.
The sources and sentences can be found online in the various databases dedicated to this or, as regards the sources, also in the numerous collections on the market (in this case it is suggested to always use the latest updated edition).
The course website is constantly updated with information relating to any regulatory changes and key rulings.
ALDO TRAVI, Lezioni di giustizia amministrativa, Torino, Giappichelli, latest edition
Direct knowledge of the of the Judicial Proceeding Code (legislative decree 2 July 2010, n. 104), of regulatory sources and sentences on the subject of administrative justice of the ECHR, CJEU, Constitutional Court, of the Court of Cassation, United Sections, and of the Council of State, Plenary Meeting, cited in the manual in also required.
The sources and sentences can be found online in the various databases dedicated to this or, as regards the sources, also in the numerous collections on the market (in this case it is suggested to always use the latest updated edition).
The course website is constantly updated with information relating to any regulatory changes and key rulings.
Assessment methods and Criteria
The final exam relating to teaching takes place at the end of the course and consists of an oral test, with numerical evaluation expressed in thirtieths and possible honors.
The criteria for the evaluation of the oral test and of the work carried out during the seminars / exercises are: correctness, completeness and accuracy of the contents, as well as clarity and argumentative mastery and capacity for critical analysis and re-elaboration.
The criteria for the evaluation of the oral test and of the work carried out during the seminars / exercises are: correctness, completeness and accuracy of the contents, as well as clarity and argumentative mastery and capacity for critical analysis and re-elaboration.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professors:
Sica Marco, Valaguzza Sara
Shifts:
Surname D-L
Responsible
Lesson period
First semester
Course syllabus
Origins and development of the Italian administrative justice system
The constitutional principles on the judicial protection of the citizen against the public administration
The influence of the European Convention on Human Rights and European Union law on the protection of citizens from the public administration
Protection needs and subjective legal situations (subjective right and legitimate interest)
Uniqueness and plurality of jurisdictions
The criteria for allotment between jurisdictions
The jurisdiction of the ordinary judge with respect to the public administration
The jurisdiction of the administrative judge: general jurisdiction of legitimacy, exclusive and merit
The forms of protection and the type of actions in the administrative process: annulment, conviction, fulfillment, against the silent non-fulfillment, nullity and assessment
The parties to the administrative process
The legitimacy to appeal and the interest in appealing
The first instance judgment
The introductory appeal and the object of the judgment
The preliminary appeal and the subject-matter of the proceedings
The cross-appeal
The precautionary measures
The investigation
The administrative judgement
The sentence and the appeals
The execution of the sentence
The special rites
Administrative remedies
Alternative Dispute Resolution Methods
The constitutional principles on the judicial protection of the citizen against the public administration
The influence of the European Convention on Human Rights and European Union law on the protection of citizens from the public administration
Protection needs and subjective legal situations (subjective right and legitimate interest)
Uniqueness and plurality of jurisdictions
The criteria for allotment between jurisdictions
The jurisdiction of the ordinary judge with respect to the public administration
The jurisdiction of the administrative judge: general jurisdiction of legitimacy, exclusive and merit
The forms of protection and the type of actions in the administrative process: annulment, conviction, fulfillment, against the silent non-fulfillment, nullity and assessment
The parties to the administrative process
The legitimacy to appeal and the interest in appealing
The first instance judgment
The introductory appeal and the object of the judgment
The preliminary appeal and the subject-matter of the proceedings
The cross-appeal
The precautionary measures
The investigation
The administrative judgement
The sentence and the appeals
The execution of the sentence
The special rites
Administrative remedies
Alternative Dispute Resolution Methods
Prerequisites for admission
According to the didactic regulation, it is a prerequisite to pass and register the exams of Private Law, Constitutional Law, Civil Procedural Law and Administrative Law.
Teaching methods
Frontal lessons and lectures referring to normative texts, jurisprudence and cases, doctrinal articles and sometimes even judicial acts, as to allow students a direct knowledge of the concrete tools for the solution of administrative disputes.
Lessons provide an overview of the topics in the program; attendance allow students to develop their skills and acquire a complete framework of the subject for passing the exam.
The individual analysis of the different topics presented in the lessons is highly recommended to learn day by day the subject by attendance and contextual study.
Other researchers, professors or experts may be invited for lecture, to offer students further contributions or points of interest.
The organization of seminars or conferences will be timely reported to attending students to encourage the participation.
On the e-learning page in Ariel (ariel.unimi.it) you can find the calendar for lessons and related topics, slides, notices of changes in the schedule, as well as date and time of Office hours for student reception.
Lessons provide an overview of the topics in the program; attendance allow students to develop their skills and acquire a complete framework of the subject for passing the exam.
The individual analysis of the different topics presented in the lessons is highly recommended to learn day by day the subject by attendance and contextual study.
Other researchers, professors or experts may be invited for lecture, to offer students further contributions or points of interest.
The organization of seminars or conferences will be timely reported to attending students to encourage the participation.
On the e-learning page in Ariel (ariel.unimi.it) you can find the calendar for lessons and related topics, slides, notices of changes in the schedule, as well as date and time of Office hours for student reception.
Teaching Resources
For both attending and non-attending students is recommended:
MARCELLO CLARICH, Manuale di giustizia amministrativa, Bologna, il Mulino, 2023,
or, alternatively,
ALDO TRAVI, Lezioni di giustizia amministrativa, Torino, Giappichelli, 2023.
Direct knowledge of the Judicial Proceeding Code is also required (Legislative Decree no. 104 of 2 July 2010).
The website of the course is updated with all the information regarding reforms and most important cases.
MARCELLO CLARICH, Manuale di giustizia amministrativa, Bologna, il Mulino, 2023,
or, alternatively,
ALDO TRAVI, Lezioni di giustizia amministrativa, Torino, Giappichelli, 2023.
Direct knowledge of the Judicial Proceeding Code is also required (Legislative Decree no. 104 of 2 July 2010).
The website of the course is updated with all the information regarding reforms and most important cases.
Assessment methods and Criteria
The exam takes place at the end of the course and consists of an oral interview with numerical evaluation expressed in thirties and possible praise.
The criteria for evaluation consider the correctness, completeness and accuracy in the exposition of the contents as well as the clarity and argumentative ability of critical analysis.
There will be an optional intermediate written assessment of learning in the middle of the course.
All the information about date and modalities of the written part will be communicated in class.
Exercises during or a part of the lessons will be organized asking for active participation of the student, which will be assessed with criteria communicated in class.
The criteria for evaluation consider the correctness, completeness and accuracy in the exposition of the contents as well as the clarity and argumentative ability of critical analysis.
There will be an optional intermediate written assessment of learning in the middle of the course.
All the information about date and modalities of the written part will be communicated in class.
Exercises during or a part of the lessons will be organized asking for active participation of the student, which will be assessed with criteria communicated in class.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professor:
Ramajoli Margherita Maria
Shifts:
Turno
Professor:
Ramajoli Margherita MariaSurname M-Q
Responsible
Lesson period
First semester
Course syllabus
The origins of the italian system of administrative justuce - Constitutional principles about citizens' protection against public authorities - Civil judge and public authorities - Administrative judge's jurisdiction - Actions available before the administrative judge - The parts of the administrative process - First istance procedure - Interim protection - Special procedures - Appeal procedures - Execution of the judgement - Administrative appeals
Prerequisites for admission
Student must take the Private Law, Constitutional Law and Administrative Law exams before taking this exam.
Teaching methods
Lectures (see above "Emergency remote teaching")
Teaching Resources
A. TRAVI, Lezioni di giustizia amministrativa, Torino, Giappichelli, ultima edizione.
R. VILLATA, Scritti in tema di questioni di giurisdizione (tra giudice ordinario e giudice amministrativo), Padova, Wolters Kluwer, 2019.
R. VILLATA, Scritti in tema di questioni di giurisdizione (tra giudice ordinario e giudice amministrativo), Padova, Wolters Kluwer, 2019.
Assessment methods and Criteria
he exam will be given at the end of the course and it is made up of an oral test on the subjects covered. The overall grade is expressed in thirtieths and it's made up of three points: knowledge of the subject; presentation skills and critical analysis.
No intermediate or early exam sessions are planned.
No intermediate or early exam sessions are planned.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professor:
Bertonazzi Luca Santino
Shifts:
Turno
Professor:
Bertonazzi Luca SantinoSurname R-Z
Responsible
Lesson period
First semester
Course syllabus
The main learning objective of the course is developing knowledge about the fundamentals of the administrative justice system, considering its most complex and debated issues. This objective shall be pursued by presenting the characteristics of the protection of individuals, social groups and undertakings in front of public authorities and by explaining the judicial review of administrative action in its historical, normative and concrete implementation. The analysis of the legal instruments and remedies, as applied by the jurisprudence and in the constitutional framework, will allow students to acquire a method of reasoning suitable to face specific and complex legal issues. A detailed knowledge of the Administrative trial Code and of the systematic relevance of art. 6 ECHR is required.
Prerequisites for admission
Knowledge of administrative and civil procedure laws
Teaching methods
Lesson and seminars
Teaching Resources
Travi, Giustizia amministrativa, latest issue
Goisis, La tutela del cittadino contro le sanzioni amministrative, tra diritto nazionale ed europeo, ultima edizione, latest issue
Goisis, La tutela del cittadino contro le sanzioni amministrative, tra diritto nazionale ed europeo, ultima edizione, latest issue
Assessment methods and Criteria
Oral examination.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professors:
Goisis Francesco, Pantalone Pasquale
Shifts:
Educational website(s)
Professor(s)
Reception:
Using Microsoft Teams or face to face, by appointment to be agreed by email.
Microsoft Teams