Università Roma Tre

Purpose of the course and articulation of the program
The course proposes the study of the private law of the public administration, offering a general framework of the administrative activity with particular reference to the obligations arising from the Public Administration, identifying the scope where it acts according to private law schemes, subject to the relative discipline, and also highlighting the particular profiles related to its nature.
The necessary premise consists of the distinction between public law and private law as well as between public entities, in charge of the administrative function (and summarized as public administrations), which act for general interest purposes, and private subjects, which pursue viceversa interests details.
The investigation, in its general part, has as its object the activity of common law of the Public Administration, analyzing institutions and relationships in which the public administrations operate as subjects of common law: from private organizational forms, to the ownership of dominical rights, to the stipulation, instead of issuing administrative measures, negotiation with private parties, and finally civil liability for the injury of subjective legal situations pertaining to individuals.
The special part is dedicated to the civil responsibility of the PA, using the method of the study of cases on the basis of judgments issued by various judicial authorities (Constitutional Court, Council of State, TAR, Court of Cassation and ordinary Courts), which offer an opportunity to the examination of relevant issues, among which, for example, responsibility in the management of public services, indirect responsibility, responsibility for the provision of health services, responsibility for the illegitimate exercise of administrative power.

1) V. Cerulli Irelli, Amministrazione pubblica e diritto privato, Giappichelli, Torino, 2011 (except cap. n. 5)
2) G. Corso – G. Fares, La responsabilità della Pubblica amministrazione, Giappichelli, Torino, 2009