Università Roma Tre

In the first one the main topic consists in analyzing 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 fifth section 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 sixth section is analyzed the rise and transformation of administrative law in Europe.
In the seventh and last section, is explored the diffusion of administrative law in the world.
The teaching style consist in cases’ discussions.

The three texts for the preparation of 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.