ADMINISTRATIVE LAW FOR SERVICE MANAGEMENT

Single discipline educational activity

Course Sheet

Course code:

PS919

Academic Year of enrolment:

2020

Year of supply:

2021/2022

Type of Course:

Characterising

Degree:

Course of 2nd Cycle Degree in POLICIES AND MANAGEMENT FOR WELFARE

Disciplinary Sector:

Administrative Law

Location:

CHIETI

Credits:

Programme Year:

Professor and Collaborators:

FERZETTI Francesco

Cycle:

First semester

Hours of classroom activity:

Individual study hours:

228

Prerequisites:

No specific knowledge and skills nor prerequisites are required

Objectives

The course will tend to provide the essential elements of the administrative system through the analysis of the general principles, the most significant sources and institutes that are at the base of the study of the discipline.
The training objectives and the learning outcomes contribute to the knowledge of the essential areas of reference of the discipline and concern the ability to identify aspects related to the administrative organization, the study of the activity and the administrative justice.
The student must know how to place the knowledge within the framework of the Italian legal system, must know how to navigate and operate in the areas of the actors of the administrative organization with reference to policies and management for welfare. The application of these powers also covers the areas of the administrative procedure and its consequences in the context of justice.
Particular attention will be paid to the protection of the rights of the person in relation to public structures, for this reason it is essential to deepen the socio-health services and the new forms of understanding the state administration.

Contents

The course aims to provide the fundamental elements of the administrative system through a socio-juridical and historical-evolutionary analysis of the principles that characterize the modern organizational paradigm of public administrations, also in light of recent legislative reforms.
The examination will focus on the main intervention strategies related to the protection of the rights of the person guaranteed through the management of social and health services.
The course also foresees the study and the deepening of the administrative procedure, with particular reference to the discipline of access to the documents and its limits, including the principles safeguarding the protection of personal data.
Particular attention will be devoted to identifying the possible remedies offered by the law against illegal measures adopted by public authorities.
The lectures will be supplemented by in-depth seminars on interesting current topics.

Extended Syllabus

1. Birth and evolution of the administrative system. Administrative law and administration science;
2. Principles, evolution and organization of the Public Administration - The sources of the administrative order;
3. The bureaucracy;
4. General lines of the administrative organization - Characteristics and classification of public bodies;
5. Politics and administration: Ministries and Agencies. Analysis of Legislative Decree no. 300 of 1999;
6. The events of public bodies: privatization - the concept of organ and administrative office;
7. The independent administrative Authorities - the Authority for the protection of children and adolescents - Introduction to civic defense;
8. Public goods. The concept of common good and shared administration;
9. Local public bodies - Nature and role of local authorities;
10. Staff of the public administration. General lines of the employment relationship employed by P.A .;
11. Public services - Evolutionary analysis of services and public juridical persons, with particular reference to essential public services - Social and health services;
12. Aspects of the administrative organization in light of the amendments to the law n. 124 of 2015 - Subjective legal situations;
13. General lines of administrative activity - Aspects of the administrative procedure;
14. The principles of the administrative procedure - The start of the administrative procedure;
15. The motivation of the provision - The consequences for the administration deriving from the delay in the conclusion of the proceeding;
16. The person in charge of the administrative procedure - Aspects of participation in the administrative procedure;
17. Administrative simplification: the Conference of services;
18. Other aspects of administrative simplification: the S.C.I.A;
19. The value of silence as a behavior of P.A. Forms and manifestations of silence - Silent assent between public administrations and between public administrations and managers of public goods or services (Article 3 of Law No. 124/2015);
20. Effectiveness and invalidity of the administrative provision. Revocation and withdrawal;
21. Access to administrative documents and protection of privacy - The regulation of the discipline on access;
22. General aspects of administrative justice - Administrative appeals;
23. Aspects of the administrative process. The "Code of the administrative process" of Legislative Decree no. 104 of 2010;
24. Responsibility and contracts of the Public Administration.

Recommended Bibliography

One to be chosen among the following texts
M. D’Alberti, Lezioni di diritto amministrativo, Giappichelli, Torino, ult. ed.;
M Clarich, Manuale di diritto amministrativo, il Mulino, Bologna, ult. ed;
L. Torchia, Lezioni di diritto amministrativo progredito, il Mulino, Bologna, ult. ed.;
R. Chieppa, R. Giovagnoli, Diritto amministrativo. Manuale breve, Giuffrè, Milano, ult. ed.;
E. Casetta, F. Fracchia, Compendio di diritto amministrativo, Giuffrè, Milano, ult. ed.

Further reading, one chosen from the following texts
M. Cammelli, La pubblica amministrazione, il Mulino, Bologna, ult. ed.;
G. Melis, La burocrazia, il Mulino, Bologna, ult. ed.

Methods of Provision

Conventional

Teaching Methods

Frontal lessons

Evaluation methods

Verification of learning:

Oral examination

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Aree