Learning objectives
Knowledge and understandingAt the end of the course, the student will have acquired the basic knowledge related to regulatory profiles that charachterize his technical education. Applying knowledge and understandingThe student will be able to independently recognize the various types of administrative acts, the administrative structures, powers and to know the legal consequences of his professional behaviours and action. Making judgmentsThe student will be able to assess the legal impact of his professional actions, to understand then different powers his actions relate to and to choose the most functional legal and economic structure to his job. Learning skills Students who have attended the course will be able to deepen their knowledge in the legal field, through the autonomous consultation of specialized texts, case laws and journals. Communication skills Students will be able to adopt the correct legal terms and to understand its practical outcome. Students will also be able to communicate the main contents of the course in a plain and correct way.
Prerequisites
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Course unit content
1. The law, the individual, the State.
2.The legal system and the function of law.
3. Legal norms and other rules.
4. The subjects of the law. Distinction between interests, rights, powers and obligations.
5. The rule of law and the constitutional state. The principle of separation of powers.
6. The legal structure of the Republic.
7. The Italian Constitution.
8. The legal system of the European Union. Political-institutional pluralism.
9. The sources of law in force in Italy, their effectiveness and their methods of retrieval.
10. The Parliament, the regional councils and the legislative function.
11. Government power and administration.
12. Judicial power and its function.
13. The Constitutional Court. Jurisdictional power: ordinary jurisdiction and administrative jurisdiction.
14. The administrative judge: the regional administrative courts and the Council of State. The Court of Auditors.
15. The European judge and the European Court of Human Rights.
16. The organization of the political and administrative system.
17. Public administration.
18. The competences and duties of offices and bodies.
19. The distinction between public bodies and private bodies.
20. The ministries.
21. Public bodies.
22. Publicly held companies.
23. Independent authorities.
24. The staff.
25. Employees and the current discipline of public management.
26. Public and private goods. Administrative activity.
27. Public law activities and private law activities.
28. Principles. Public functions and services.
29. Public enterprise activity.
30. Public regulation of the markets.
31. Discretionary activity and restricted activity.
32. The procedure, participation and right of access.
33. The unilateral administrative act.
34. The main types of acts.
35. The silence of the administration and its relevance.
36. The certified notification of commencement of activity.
37.The services conference.
38. Agreements between administrations and between them and private entities.
39. Defects and remedies. Perfection, effectiveness and validity of administrative acts.
40. Defects in legitimacy and merit. The traditional categories on the defects of the documents: violation of the law, incompetence and excess of power.
41. Remedies against flawed administrative acts.
42. Administrative appeals and judicial protection.
43. Private law activity.
44. The contractual activity of public administrations.
45. Public procurement.
46. Concessions of works, goods and public services.
47. Negotiated urban planning.
48. Public procedures (open, restricted, negotiated procedure).
49 The competitive dialogue. Project financing.
50. Responsibility. Civil liability and the so-called. responsibility for legitimate acts.
51. The civil responsibility of public administration.
52. Liability for illicit acts. The liability of public officials and employees from a criminal, civil and administrative-accounting point of view.
53. Other forms of responsibility: disciplinary and managerial responsibility.
54. The main types of companies: organizational structures
Full programme
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Bibliography
B. G. Mattarella, Lezioni di diritto amministrativo, Giappichelli, Torino, 2018
The following readings are recommended :
G. Capaldo, Norme giuridiche e organizzazione della gestione: implicazioni per la formazione degli ingegneri gestionali;F. Casetta, A. Guardiano, Ingegneria e diritto: un binomio imprescindibile,in M. Spasiano e altri, Fondamenti di diritto per l'architettura e l'ingegneria civile, p. 319 e p. 325.
Teaching methods
The course aims to illustrate the main regulatory and civil profiles that affect the profession of management engineer. Therefore, during the lessons the following teaching methods will be used:Frontal lesson; case study; in-depth seminars.From the beginning of the course on the elly.unipr platform, there will be presentations of the slides supporting the lectures and of the in-depth materia
Assessment methods and criteria
The learning outcomes will be periodically monitored through the administration of intermediate tests and the holding of interactive seminars. The final exam will take place in oral form, for the purpose of the attribution of the vote, expressed in thirtieths. The praise is assigned in the case of excellent mastery of both the contents and the technical vocabulary.The test vote is communicated immediately at the end of the test itself. The student has the right not to accept the assigned grade. Please note that registration on the date chosen for the exam is mandatory for the oral examination.
Other information
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