Università Roma Tre

THE COURSE PROVIDES AN INTRODUCTION TO THE STUDY OF COMPARATIVE ADMINISTRATIVE LAW. CONSIDERED THE COMPLEXITY OF THE FIELD, DUE TO THE DIFFERENT HISTORICAL TRADITIONS AT NATIONAL LEVEL, THE COURSE DISTILLS CERTAIN KEY ELEMENTS FOR COMPARATIVE STUDY.
THE COURSE IS DIVIDED IN SIX PARTS. THE FIRST ONE IS DEVOTED TO THE HISTORICAL DEVELOPMENT OF ADMINISTRATIVE LAW IN DIFFERENT CONTEXTS AND TO ITS TRANSFORMATION IN A GLOBAL CONTEXT. THE SECOND CONCENTRATES ON THE RELATIONSHIP BETWEEN CONSTITUTIONAL AND ADMINISTRATIVE LAW AND ON THE INFLUENCE OF PRINCIPLES LIKE SEPARATION OF POWERS AND ACCOUNTABILITY. THE THIRD ADDRESSES THE FUNDAMENTAL ISSUE OF ADMINISTRATIVE EXPERTISE AND THE CRITICAL FEATURE OF INDEPENDENT REGULATORY AGENCIES. THE FOURTH IS FOCUSED ON THE BUREAUCRATIC DECISION-MAKING PROCESS AND THE PARTICIPATORY RIGHTS OF PRIVATE PARTIES. THE FIFTH IS DEDICATED TO JUDICIAL REVIEW AND LITIGATION. THE SIXTH CROSSES THE BOUNDARIES OF ADMINISTRATIVE LAW, SHADING LIGHT ON PRIVATIZATION POLICIES AND THE CHANGING ROLE OF GOVERNMENT.

THE COURSE CONSISTS OF LECTURES ON THE MAIN SUBJECTS OF COMPARATIVE ADMINISTRATIVE LAW, FOLLOWED BY SEMINARS THAT ARE MEANT TO SUPPORT THE LECTURES AND ENCOURAGE INTERACTIVE STUDENT PARTICIPATION.

STUDENT EVALUATION WILL BE BASED ON CLASS WORK AND CLASS PARTICIPATION (REPRESENTING 10 POINTS OF THE FINAL GRADE), ORAL PRESENTATIONS GIVEN DURING THE SEMESTER (REPRESENTING 10 POINTS OF THE FINAL GRADE), AND A FINAL WRITTEN EXAM (REPRESENTING 10 POINTS OF THE FINAL GRADE). THE FINAL EXAM CONSISTS IN TWO ESSAY QUESTIONS (SELECTED BY THE STUDENT AMONG A CHOICE OF FIVE QUESTIONS).

CASES AND MATERIALS WILL BE MADE AVAILABLE IN CLASS AND ON THE WEBSITE.
SUPPORTING / RECOMMENDED COURSE READING MATERIALS ARE THE FOLLOWING SELECTED CHAPTERS FROM COMPARATIVE ADMINISTRATIVE LAW, (ROSE-ACKERMAN AND LINDSETH, EDS.), EDWARD ELGAR, 2010

PART I: HISTORICAL AND CONTEMPORARY PERSPECTIVES
- Révolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence of Administrative Law in Europe (Bernardo Sordi)
- Explaining Administrative Law: Reflections on Federal Administrative Law in Nineteenth Century America (Jerry L. Mashaw)
- Administrative Law and the Public Regulation of Markets in a Global Age (Marco D’Alberti)
PART II: CONSTITUTIONAL BASIS
- Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law (Tom Ginsburg)
- Good-bye Montesquieu (Bruce Ackerman)
- Overseeing the executive: Is the legislature reclaiming lost territory from the Courts? (Tom Zwart)
PART III: ADMINISTRATIVE EXPERTISE AND INDEPENDENCE
- The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies (Daniel Halberstam)
- A Comparison of US and European Independent Agencies (Martin Shapiro)
PART IV: TRANSPARENCY, PROCEDURE, AND ADMINISTRATIVE POLICY-MAKING
- Comparing Regulatory Oversight Bodies Across the Atlantic: The Office of Information and Regulatory Affairs in the US and the Impact Assessment Board in the EU (Jonathan B. Wiener and Alberto Alemanno)
- Towards a Third Generation of Administrative Procedure (Javier Barnes)
- Participation and Expertise: Judicial Attitudes in Comparative Perspective (Catherine Donnelly)
PART V: LITIGATION
- Judicial Review and Merits Review: Comparing Administrative Adjudication by Courts and Tribunals (Peter Cane)
- Judicial Review of Questions of Law: A Comparative Perspective (Paul Craig)
PART VI: ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATE
- Three Questions of Privatization (Daphne Barak-Erez)
- The Role of the State in (and after) the Financial Crisis: New Challenges for Administrative Law (Giulio Napolitano