Sergio PERONGINI | Administrative procedural law
Sergio PERONGINI Administrative procedural law
cod. 0160100055
ADMINISTRATIVE PROCEDURAL LAW
0160100055 | |
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA) | |
CORSO DI LAUREA MAGISTRALE A CICLO UNICO DI 5 ANNI | |
LAW | |
2015/2016 |
OBBLIGATORIO | |
YEAR OF COURSE 5 | |
YEAR OF DIDACTIC SYSTEM 2006 | |
SECONDO SEMESTRE |
SSD | CFU | HOURS | ACTIVITY | |
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IUS/10 | 9 | 81 | LESSONS |
Objectives | |
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THE COURSE AIMS TO PROVIDE STUDENTS WITH THE KNOWLEDGE ADMINISTRATIVE PROCESS AND ADMINISTRATIVE REMEDIES. LEARNING OUTCOMES: KNOWLEDGE AND UNDERSTANDING GENERAL KNOWLEDGE OF THE SYSTEM OF ADMINISTRATIVE JUSTICE AND ABILITY TO UNDERSTAND THE SYSTEM OF JUDICIAL PROTECTION AND NON-JURISDICTIONAL PROTECTION AGAINST PUBLIC ADMINISTRATION. APPLYING KNOWLEDGE AND UNDERSTANDING ABILITY TO ANALYZE AWARENESS WITH THE FUNDAMENTAL INSTITUTIONS OF THE ADMINISTRATIVE PROCESS AND THE ACQUISITION OF LEGAL KNOWLEDGE AS PART OF THE ABILITY TO ANALYZE COMPLEX SITUATIONS IN CONTEXTS OF STUDY AND WORK. MAKING JUDGMENTS ABILITY TO GATHER AND CRITICALLY INTERPRET COMPLEX DATA AND INFORMATION IN THE SPECIFIC FIELD OF STUDY. COMMUNICATION SKILLS ABILITY TO COMMUNICATE TO A NON-SPECIALIST PUBLIC INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC SUBJECT AREA WITH PROPERTIES OF LANGUAGE AND GOOD ARTICULATION OF THOUGHT. LEARNING SKILLS ACQUISITION OF REFERENCES, TOOLS AND LEARNING ABILITY NEEDED TO FURTHER ENRICH THE LEGAL KNOWLEDGE ACQUIRED AND TO APPLY THESE SKILLS TO OTHER TEACHINGS OF THE COURSE OF STUDY. |
Prerequisites | |
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Contents | |
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GENERAL FRAMEWORK OF THE SYSTEM OF ADMINISTRATIVE JUSTICE. THE REMEDIES GIUSTIZIALI. ADMINISTRATIVE APPEALS ORDINARY. THE REMEDIES GIUSTIZIALI. THE EXTRAORDINARY APPEAL TO THE HEAD OF STATE. PRINCIPLES OF ADMINISTRATIVE PROCEDURAL LAW. ADMINISTRATIVE JUSTICE AND NOMOFILACHIA COMMUNITY. THE BODIES OF THE ADMINISTRATIVE JURISDICTION. SUBJECTIVE LEGAL SITUATIONS. THE DIVISION OF JURISDICTION AND REGULATION ESTIMATE OF JURISDICTION. JURISDICTION OF LEGITIMACY, THE EXCLUSIVE JURISDICTION AND JURISDICTION ON THE MERITS. THE COMPETENCE AND REGULATION ESTIMATE OF COMPETENCE. LIS PENDENS, CONTINENCE AND FREE. THE ACTIONS PROPOSED IN THE CODE OF ADMINISTRATIVE PROCEDURE. TYPICAL AND ATYPICAL ACTIONS. ACTION FOR ANNULMENT. ACTION OF CONDEMNATION. ACTION SIMPLE DECLARATION AND ACTION AGAINST THE SILENCE. MULTIPLE APPLICATIONS AND CONVERSION OF SHARES. EXCLUSION AND OBJECTION. THE CONTROL OF THE JUDGE. THE PARTIES (APPLICANT RESISTANT, COUNTERPARTIES AND STAKEHOLDERS). THE SUBJECTS STAKEHOLDERS META-INDIVIDUAL. THE LEGAL DEFENSE OF THE PARTIES. THE ASSUMPTIONS AND CONDITIONS OF THE ACTION. THE CONDUCT OF THE TRIAL AT FIRST INSTANCE: THE INTRODUCTORY PHASE. THE APPEAL. THE CROSS-APPEAL. THE ADDITIONAL GROUNDS. THE APPEARANCE IN COURT OF THE PARTIES TO THE PROCEEDINGS. THE DEFAULT. THE COUNTERCLAIM. GENERAL REGISTER OF COMPLAINTS. DOSSIER AND THE OFFICE. ORDER FIXING APPEALS. FISCAL MEASURES AND COURT COSTS. THE VICES OF THE APPLICATION AND NOTIFICATION. INTEGRATION OF THE HEARING. THE INTERVENTION. THE CONDUCT OF THE TRIAL AT FIRST INSTANCE: THE INTRODUCTORY PHASE. HEARING. THE JUDGMENT RESULTING FROM THE TRANSPOSITION OF THE EXTRAORDINARY APPEAL. EXCUSABLE ERROR. ABBREVIATION, EXTENSION AND SUSPENSION OF THE TERMS. THE PRE-TRIAL PROCESS: THE CHARACTERS. THE PRE-TRIAL PROCESS: THE PROTECTION ANTE CAUSAM. THE PRE-TRIAL PROCESS: THE DECREE TRIBUNAL. THE PRE-TRIAL PROCESS: PRECAUTIONARY MEASURES COLLEGIAL. THE PRE-TRIAL PROCESS: DEFINITION OF PRE-TRIAL PROCEEDINGS IN THE HEARING. THE PRE-TRIAL PROCESS: IMPLEMENTATION OF THE MEASURES. THE PRE-TRIAL PROCESS: THE WITHDRAWAL OR AMENDMENT OF THE PRECAUTIONARY MEASURES AND REVIVAL OF THE INTERLOCUTORY APPLICATION WAS REJECTED. THE CONDUCT OF THE TRIAL AT FIRST INSTANCE: THE PREPARATORY STAGE. THE PRINCIPLES OF THE PRELIMINARY INVESTIGATION. THE CONDUCT OF THE TRIAL AT FIRST INSTANCE: THE PREPARATORY STAGE. THE MEANS TEST. ACCIDENTS IN THE PROCESS: FALSE INCIDENT. ACCIDENTS IN THE PROCESS: SUSPENSION AND INTERRUPTION OF THE PROCESS. EXTINCTION OF THE PROCESS AND ADMISSIBILITY. THE CONDUCT OF THE TRIAL AT FIRST INSTANCE: THE HEARINGS. THE CONDUCT OF THE TRIAL AT FIRST INSTANCE: THE DECISIVE PHASE. MEETING, DISCUSSION AND DECISION OF THE APPEALS. THE CONDUCT OF THE TRIAL AT FIRST INSTANCE: THE DECISIVE PHASE. THE ABSORPTION, GRADUATION AND CONSOLIDATION. THE CONDUCT OF THE TRIAL AT FIRST INSTANCE: THE DECISIVE PHASE. THE RULING ON THE MERITS. THE CONDUCT OF THE TRIAL AT FIRST INSTANCE: THE DECISIVE PHASE. THE RULING OF THE RITE. THE CONDUCT OF THE TRIAL AT FIRST INSTANCE: THE DECISIVE PHASE. THE RULING INTERIM. THE CONDUCT OF THE TRIAL AT FIRST INSTANCE: THE DECISIVE PHASE. THE JUDGMENT IN SIMPLIFIED FORM. THE CONDUCT OF THE TRIAL AT FIRST INSTANCE: THE DECISIVE PHASE. PUBLICATION AND COMMUNICATION OF THE JUDGMENT. ADVERTISING. SPECIAL RITE ON ACCESS TO ADMINISTRATIVE DOCUMENTS. SPECIAL RITUAL FOR THE PROTECTION AGAINST THE INERTIA OF PUBLIC ADMINISTRATION. THE ORDER PROCEDURE. SPECIAL RITUAL IN TERMS OF INFRASTRUCTURE. DISPUTES REGARDING CONTRACTS. INEFFECTIVENESS OF THE CONTRACT. SPECIAL RITUAL IN TERMS OF ELECTORAL OPERATIONS. THE APPEALS IN GENERAL. THE APPEAL. THE REVISION. THE THIRD-PARTY PROCEEDINGS. THE APPEAL TO THE SUPREME COURT. THE JUDGED. THE JUDGMENT OF COMPLIANCE. THE ARBITRATION. |
Teaching Methods | |
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LECTURES, SEMINARS ON CASES SUBJECT TO JUDICIAL REVIEW AND DISCUSSION BY STUDENTS. |
Verification of learning | |
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ORAL EXAMINATION. |
Texts | |
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- C. E. GALLO, MANUALE DI GIUSTIZIA AMMINISTRATIVA, GIAPPICHELLI, ULT. ED. - A. TRAVI, LEZIONI DI GIUSTIZIA AMMINISTRATIVA, GIAPPICHELLI, ULT. ED. |
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