Università Roma Tre

The aim of the Course is to illustrate the basic rules of the organization and action of public administration.
The Course aims to expose in a systematic manner and with reference to concrete episodes of life the reasons for the existence of public administration, the ways and rules of its action and organization, and its prerogatives. The development of the institutes will be carried out in a context in which the protection of fundamental rights and interactions with European law are of primary importance.
The expected learning outcomes are first and foremost that the student will gain a general knowledge of the ways of organization and action of public administration as well as obtain the knowledge necessary for possible participation in public competitions.

A. A. Romano (a cura di), Diritto amministrativo, Giappichelli, Torino, latest edition
B. AA.VV., Codice amministrativo fondamentale, XV ed., Simone, Napoli, latest edition

In alternativa al manuale di A. Romano: G. Corso, Manuale di diritto amministrativo, Giappichelli, Torino, latest edition

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.

The three texts for the exam are the following: the textbook, the collection of cases and the collection of selected articles on the new Public Contracts Code (only for GLS students also the comparative textbook).
The recommended handbook is the following: G. Napolitano, "La logica del diritto amministrativo", Bologna, Il Mulino, III ed., 2020. An initial reading of the textbook before the beginning of the course or, in any case, of the individual lectures is highly recommended.
Only for students of Global Legal Studies the study of G. Napolitano, "Introduction to Comparative Administrative Law", Bologna, Il Mulino, I ed., 2020 only chapters 2 and 3 is also envisaged.
The collection of selected contributions published in the dedicated special issue of the Journal of Administrative Law, no. 3/2023 will be available online on the Elearning platform.
The collection of cases is as follows: G. Napolitano (ed.), "Cases and strategies of administrative law", online publication, VII ed., 2024. This is a guided collection of cases and judgments edited by the lecturer and teaching assistants 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.