Università Roma Tre

The course will focus, at first, on the sources of Administrative Law, that is the normative acts regarding public administration institutions and key principles governing their activities.
Second, we will analyze the organizational structure of public administration institutions, with particular regards to its territory organization, the juridical subjects of which it is composed, and the operational, human and financial resources used.
More, we will analyze in detail authoritative activities of public administrations - highlighting the administrative proceeding process, the administrative act process and related pathologies – and consensual activities as well.
The course will then focus on the subjective legal rights of individual citizens facing public administration and the related form of protection.
Finally, the course will treat the relationship between public power and different market actors, such as regulators, private and public networks, public services operators, infrastructures and establishments of public demand.

Principi di diritto amministrativo, G.Rossi, Giappichelli, ed. 2017
Mercati e istituzioni in Italia, E.Cardi, Giappichelli, ed. 2018, capp. IV, V, VI

The course will be based on five different sections.
In the first one the main topic consists in analysing the strategic relationships inside ADMINISTRATIVE LAW (AL), especially about the historical and political processes that give birth to administrative functions.
In the second place, the class will shift its attention on the organization of public administration (PA), by highlighting how each structure is characterized by a different logic of collective action.
In the third place, the class will discuss how the PA works, by focusing on the main public power’s features and administrative discretion (i.e. contractual freedom).
From this moment on, the fourth sections will deepen the different approaches to regulation (both authoritative and contractual) in order to understand how individuals can be preserved by abuses of public power. Therefore, the last sections will be dedicated to the study of the safeguards set up by law for those who complain about the violation of their rights and interests.
The teaching style consist in cases’ discussions.

G. NAPOLITANO, LA LOGICA DEL DIRITTO AMMINISTRATIVO, BOLOGNA, IL MULINO, 2020. (or: S. CASSESE (A CURA DI), ISTITUZIONI DI DIRITTO AMMINISTRATIVO, IV ED., MILANO, GIUFFRÈ, 2015; M. CLARICH, MANUALE DI DIRITTO AMMINISTRATIVO, BOLOGNA, IL MULINO, 2015;)

2. CASI E STRATEGIE DEL DIRITTO AMMINISTRATIVO. RACCOLTA DI CASI E SENTENZE CURATA DAL DOCENTE (AVAILABLE ON LINE)