The course provides students with the fundamental notions of Italian substantive administrative law and the knowledge of some of the most important institutions in which the legal regime of administrative action is concretized.
The initial part of the course is dedicated, in its introductory part, to the historical aspects, to the description of the general principles of administrative law and to the sources, with particular attention to the problems of the relationship between the national and European legal systems, on the one hand, and between state and regional legal systems, on the other. The topic of administrative organization is then addressed (both in its theoretical and concrete aspects).
The study of the discipline of administrative action follows. It begins with the theme of administrative power and its characteristics, then moving on to analyze the forms through which power is exercised, that is, the administrative procedure. The main categories of administrative measures are outlined. Finally, the question of the invalidity of the administrative provision is addressed. This is followed by the analysis of the administrative measures of the second degree, the analysis of the cases other than the measures (agreements and contracts) and the study of non-provisional behavior.
Extended program
1. Historical aspects
2. The sources and reforms of recent years (from 124/15 onwards). L. 56/2019.
3. The principles
4. The administrative organization
5. Administrations as legal operators
6. The organizational structures
7. Organizational relations
8. The administrative legal relationship
9. The subjective legal situations of the administration
10. The subjective legal situations of private individuals
11. The subjective legal situations of private individuals
12. The activity of public law
13. The principles and administrative action
14. The administrative procedure: principles
15. The administrative procedure: the statute
16. The administrative procedure: the phases
17. The administrative procedure: the subjects
18. Access to documents
19. Civic access
20. Administrative measure: the regime
21. Administrative measure: the structural elements
22. Administrative measure: the types, the pathology
23. Second degree administrative measures
24. The conference of services
25. Cases other than measures
26. The agreements
27. Contracts: structural aspects
28. Contracts: functional aspects
29. Concessions
30. Non-provisional behaviors producing legal effects: wake / dia
31. Non-provisional behavior producing legal effects: silence
32. Financial resources
33. The Budget
34. Accounting systems
35. External controls
36. Internal controls
37. Human resources
38. Employment relationships with PPAAs
39. The responsibility of the PA
40. Responsibility towards the PA
41. Goods: legal regime
42. Goods: types
43. Public authorities and the economy.
44. ----------------: market regulation
45. Public services in national law
46. ----------------: in the European legal system
47. ----------------: types
48. ----------------: the quality

D'Alberti M. Lezioni di diritto amministrativo", Giappichelli, Torino, 2019