Learning objectives
The course aims to enable the learning of a number of issues of administrative law, making it possible to combine theoretical study with practical implications.
It aims to provide students with a wide range of expertise in the field of state regulation of the economy implemented mainly through the instruments, both traditional and innovative, of administrative law. After lessons the student must have obtained the capacity to know and critically evaluate the principles, substantive rules, procedural mechanisms and case law that characterize the implementation of these instruments. He will also have to understand the evolution of
general and special regulations and especially figure out the multiple and fundamental connections between the different disciplines involved. He will finally apply their knowledge to real cases subject to court decisions discussed during lectures, as well as support his thesis with due propriety of language and appropriateness of arguments.
Prerequisites
Administrative law, Institutions of Public Law
Course unit content
Main themes that will be examined in the first part of the course include: Italian and European Economic Constitution, the establishment and regulation of independent authorities, the regulation of public services, privatizazion and liberalizazion under the influence of Community law. Moreover covers the administrative discipline of competition, as reflected by constitutional law n. 287/1990 which established Antitrust Authority (AGCM), by European Union law and especially by case law, of which it is implemented. The study of this matter is of particular interest as it combines different approaches, both legal (in particular administrative, economy and EU law), that other fields of knowledge (political and economical science), and therefore its interdisciplinary approach is well suited to the profile of graduates of this course. Finally, the theme lends itself more than others to check the soundness of many concepts - that have apply to the general theory of administrative law (as the Principle of legality, Administrative Discretion, the legislative powers of the independent Authorities) - to innovation and verify "the role of the judge in front of the administrative decisions for the operation of markets.
Full programme
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Bibliography
L. TORCHIA (a cura di), Lezioni di diritto amministrativo progredito, Bologna, (ed. il Mulino) 2012. Essential reading: F. MERUSI, Il sogno di Diocleziano,. Il diritto nelle crisi economiche, Torino (ed. Giappichelli), 2013
Teaching methods
The course aims to enable the learning of a number of issues of administrative law, making it possible to combine theoretical study with practical implications.
It aims to provide students with a wide range of expertise in the field of state regulation of the economy implemented mainly through the instruments, both traditional and innovative, of administrative law. After lessons the student must have obtained the capacity to know and critically evaluate the principles, substantive rules, procedural mechanisms and case law that characterize the implementation of these instruments. He will also have to understand the evolution of
general and special regulations and especially figure out the multiple and fundamental connections between the different disciplines involved. He will finally apply their knowledge to real cases subject to court decisions discussed during lectures, as well as support his thesis with due propriety of language and appropriateness of arguments.
Assessment methods and criteria
Oral examination. Attending students will take the exam with agreed arrangements. In any case, the knowledge and ability to understand will be verified through two questions aimed at verifying the effective acquisition of them. Candidates can also prepare topics chosen for the specific study of the themes of the course. The ability to communicate is checked evaluating the student's ability to offer comprehensive definitions, the use of technical and appropriate terminology, to explain the meaning of specific terms and / or concepts. The results of the test will be positive if the responses, in their interactions, are satisfactory overall.
Other information
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