The course is articulated in four parts: it will examine the fundamental aspects of a) the local government and the whole of local administrative functions; b) public contracts; c) legislation on civil servants; d) the elements of the judicial review.
Part I: L. Vandelli, Il sistema delle autonomie locali, V ediz., Bologna, il Mulino, 2013, pp. 1-295.
Part II: texts will be made available at the beginning of the lessons.
Part III: A. Police, Le risorse umane, in F. G. Scoca (a cura di), Diritto amministrativo, Giappichelli, 2014, pp. 455-482, e 584-593; M. D'Antona, Lavoro pubblico e diritto del lavoro: la seconda privatizzazione del pubblico impiego nelle ‘Leggi Bassanini’, in Lavoro nelle pubbliche amministrazioni, 1996, fasc. 1, pp. 35-64; A. Corpaci, Regime giuridico e fonti di disciplina dei rapporti di lavoro nelle pubbliche amministrazioni, in Rivista giuridica del lavoro e della previdenza sociale, 2010, pp. 467-480.
Part IV: M. Clarich, Manuale di diritto amministrativo, II ediz., Bologna, il Mulino, 2013, cap. XIV (pagg. 465-495); A. Travi, Lezioni di giustizia amministrativa, XI ediz., Torino, Giappichelli, 2014, capp. VIII e IX (pagg. 169-221), cap. XII, §§ 1 e 2 (pagg. 281-288), cap. XV, §§ 3 e 4 (pagg. 375-384). The study of recommended texts to be integrated with consultation of the Code of Administrative Procedure, which are reported in the following provisions: artt. 7, 8, 29-32, 34, 55, 112, 114, 117..
Learning Objectives
Students have to acquire the capability to gather legislation, case law and elaborations of doctrine in order to reconstruct the current legal framework and to detect the juridical issues of the subjects of the course. Sensitivity to the juridical aspects of the current phase of reform of public administrations and the juridical issues arising from it.
Prerequisites
Readiness for the exam requires having knowledge of the fundamental notions of General Constitutional Law, Private Law I and General Administrative Law.
Teaching Methods
Traditional classroom lectures.
Part One: Prof. Gasparri, 48 hours, first semester;
Part Two: Prof. Gasparri, 24 hours, first semester;
Part Three: Prof. Corpaci, 24 hours, second semester;
Part Four: Corpaci, 24 hours, second semester.
Type of Assessment
Intermediate tests of learning: students who attend will be able to support a mid-term exam on the first two parts of the program at the end of the first half and the third and fourth parts, at the end of the second semester. The examination aims to verify the preparation and presentation skills of each student in relation to the training objectives of the course.
Course program
The course is divided into four parts.
Part One (48 hours): dedicated to the local government, with particular attention to the role of autonomous local profiles to its organizational and functional and the territorial government with reference to the proceedings of town and country planning municipal.
Part Two (24 hours): relates to contracts of public authorities and takes into account the regulation of public contracts which examines, in particular, the persons required to follow the procedures of public evidence, the parties admitted to the races, the qualification of economic operators and procedures expectations.
Part Three (24 hours): dedicated to the discipline of working in public administrations. Will be treated the main aspects relating to the work of
employees under private law: the sources and the procedures for recruitment; rules, including common and special disciplines;
judicial protection. They will also examine the unique aspects to the employment relationship of public managers.
Part Four (24 hours): relates to the essential elements of the judicial review, with insights into the point of articulation of the administrative jurisdiction, of remedies available in the administrative process, of interim legal protection 'ordinary', the action for the execution of judgments of the administrative courts.