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Teacher
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Procenesi Alessandro
(syllabus)
PART ONE. ADMINISTRATIVE LAW AND ITS SOURCES
I. Introduction
Preliminary Remarks State Models and the Emergence of Administrative Law Administrative Law and Non-Legal Sciences Administrative Law and Its Relationships with Other Branches of Law General Characteristics of Administrative Law II. The Regulatory Function and Sources of Law
Preliminary Remarks The Constitution European Union Sources National Legislative Sources, Legal Reserve, Principle of Legality Legislative Decrees Government Regulations Consolidated Texts and Codes Brief Overview of Regional, Local, and Other Public Entities’ Sources Regulatory Acts with Non-Normative Nature General Administrative Acts PART TWO. FUNCTIONAL ASPECTS
III. The Administrative Legal Relationship
Public Interests, Functions, and Administrative Activity Power, Decisions, and Procedure The Administrative Legal Relationship The Rule Granting Power Discretionary Power Legitimate Interest Oppositional and Pretensive Legitimate Interests Criteria for Distinguishing Subjective Rights from Legitimate Interests The “Right” to Access Administrative Documents Factual, Diffuse, and Collective Interests General Principles IV. The Administrative Act
Preliminary Remarks The Regime of Administrative Acts: a) Typicality b) So-Called Imperativeness c) Enforceability and Effectiveness d) Unappealability Structural Elements of the Administrative Act and the Duty of Justification Real Seizure Acts, Order Measures, and Administrative Sanctions Activities Subject to Prior Notification Requirements; Certified Notice of Activity Start Authorizations and Concessions Declarative Acts Other Classifications: Collegiate Acts, Collective Acts, Multiple Acts, High Administration Acts Invalidity of the Administrative Act Annulability: a) Incompetence b) Violation of Law c) Abuse of Power Nullity Administrative Annulment, Validation, Ratification, Sanctioning, Confirmation, Conversion, Revocation, Withdrawal V. The Administrative Procedure
Concept and Functions of the Procedure General Laws on Procedures and Law no. 241/1990 Phases of the Procedure: a) Initiative b) Investigation c) Conclusion: Deadline, Silence, Agreements Simple, Complex, Linked Procedures; Sub-procedures The Service Conference and Other Forms of Coordination Types of Procedures: a) Expropriation for Public Use b) Monetary and Disciplinary Sanctions c) Authorizations 13. Access to Administrative Documents
VI. Oversight
Preliminary Remarks Oversight of Acts and Activities Management Controls VII. Liability
Preliminary Remarks Article 28 of the Constitution and Subsequent Developments Civil Liability for Unlawful Conduct Compensation for Damage from Infringement of Legitimate Interests Liability in European Law Fiscal Liability PART THREE. ORGANIZATIONAL ASPECTS
XI. Assets
Public Regulation of Assets Private Interest Assets and Public Interest Assets Inalienable Assets and Public Domain Assets Common Assets and Reform Perspectives PART FOUR. ADMINISTRATIVE JUSTICE
XIV. General Overview of the System
Basic Concepts
(reference books)
Potrà essere utilizzato un qualsiasi manuale di Diritto Amministrativo.
Si consiglia uno dei seguenti testi: - MARCELLO CLARICH, Manuale di diritto amministrativo, Sesta edizione, Il Mulino - CARLO EMANUELE GALLO (a cura di), Manuale di diritto amministrativo, Terza Edizione, Giappichelli
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