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. 2020 (Quarta edizione)
Mercati e istituzioni in Italia, E.Cardi, Giappichelli, V ed. 2022, capp. IV, V, VI

The course is divided into five teaching modules.
In the first, the different administrative functions and their impact on the lives of citizens and businesses are analyzed.
In the second, the organizational design of the public organization is reconstructed, noting that each organizational model is marked by a different "logic of collective action."
In the third module, the different manifestations of administrative action are examined, highlighting, in particular, the characters of administrative power and discretion and the areas of contractual autonomy.
In the fourth module, the study of the different techniques of regulation of administrative action, both authoritative and contractual, aimed at ensuring the pursuit of the public interest and avoiding abusive behavior of the public administration to the detriment of private parties is explored.
In the fifth (and final) module, the means of protection provided by the legal system for individuals who complain about the violation of their rights and interests are highlighted.
The exposition of the discipline of the subject will be conducted through the collective discussion of practical cases and judgments, highlighting the legal framework, the strategies pursued by the various actors, the outcome of the judgment, its concrete consequences and the underlying general problems.

There are two texts for exam preparation: the textbook and the case collection.

The recommended textbook is the following: G. Napolitano, "The Logic of Administrative Law," Bologna, Il Mulino, 3rd ed., 2020. An initial reading of the textbook in advance at the beginning of the course or, at any rate, of individual lectures is highly recommended. In fact, the study of the logic of administrative law is a prerequisite for a better analysis and understanding of the legislative texts, cases and strategies of administrative law that will be discussed in the classroom.

The collection of cases is: G. Napolitano (ed.), "Cases and Strategies of Administrative Law," online publication, 6th ed., 2023. This is a guided collection of cases and judgments curated by the lecturer and chair associates that will be available online on the Elearning platform. Prior reading of the texts and cases to be discussed in the corresponding lecture is recommended.
The course provides different treatment between attending and non-attending students for the purpose of passing the exam.