Administrative procedural law

Sergio PERONGINI Administrative procedural law

0160100055
DEPARTMENT OF LAW
EQF7
LAW
2023/2024

OBBLIGATORIO
YEAR OF COURSE 5
YEAR OF DIDACTIC SYSTEM 2012
SPRING SEMESTER
CFUHOURSACTIVITY
981LESSONS


Objectives
HE 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, ALSO BY THE USE OF TECHNOLOGY.
Prerequisites
ANY PRECONDITION
WE SUGGEST THE KNOWLEDGE OF THE MAIN INSTITUTIONS OF CIVIL PROCEDURE
Contents
GENERAL FRAMEWORK OF THE SYSTEM OF ADMINISTRATIVE JUSTICE. (2H)
THE HISTORICAL EVOLUTION OF ADMISTRATIVE TRIBUNALS. THE BODIES OF THE ADMINISTRATIVE JURISDICTION. ( 8 H)
THE DEVELOPMENT IN THE CASE-LAW ( 4 H)
THE ADMINISTRATIVE PROCESS BEFORE THE CODEX ( 4 H)
THE CODEX OF ADMINISTRATIVE PROCESS AND THE GENERAL PRINCIPLES ( 5 H)
THE ORGANIZATION OF ADMINISTRATIVE JUSTICE ( 4 H)
“GIUDICE ORDINARIO” AND “GIUDICE SPECIALE” (2 H)
THE DIVISION OF JURISDICTION (4 H)
JURISDICTION OF LEGITIMACY, THE EXCLUSIVE JURISDICTION AND JURISDICTION ON THE MERITS. ( 4 H)
“COMPETENZA” OF THE JUDGE (4 H)
THE PRINCIPLES OF THE RIGHT PROCESS (2 H)
ATYPICAL ACTIONS (3 H)
ACTION OF ANNULMENT. OCTION OF CONDEMNATION. ACTION OF DECLARATION (7 H)
THE PARTIES (3 H)
THE ASSUMPTIONS AND CONDITIONS OF THE ACTION. ACTION AGAINST THE SILENCE. (4 H).
THE PROCEEDINGS AT FIRST AND AT SECOND INSTANCE AND A FOCUS ON THE PRINCIPLE ISSUES. PRE-PROCEEDINGS. INVESTIGATION. THE CONCLUSION OF TRIAL. SPECIAL PROCEEDINGS. SPECIAL PROCEEDINGS FOR ELECTORAL OPERATIONS. (18 H)
THE ADMISTRATIVE REMEDIES. (3 H).
Teaching Methods
THE COURSE IS DIVIDED IN 81 HOURS OF FRONTAL LESSONS IN THE II SEMESTER OF THE 5TH YEAR LECTURES, SEMINARS ON CASES SUBJECT TO JUDICIAL REVIEW AND DISCUSSION BY STUDENTS.
Verification of learning
ORAL EXAMINATION.
MAKING JUDGMENTS:
JUDGMENT SKILLS, ABILITY TO COLLECT AND TO INTERPRETATE CRITICAL INFORMATION AND DATA IN COMPLEX SPECIFIC FIELD OF STUDY.
COMMUNICATION SKILLS
ABILITY TO COMMUNICATE TO A NON-SPECIALISTS, IDEAS, PROBLEMS AND SOLUTIONS SPECIFICALLY DISCIPLINARY FIELD WITH PROPERTY OF LANGUAGE AND GOOD STRUCTURE OF THOUGHT.
LEARNING SKILLS
ACQUISITION OF CAPACITIES TO ENRICH THE LEGAL KNOWLEDGE, ALSO IN OTHER AREAS OF LAW.
THE GRADE OF THE EXAM IS IN THIRTIETHS.
THE MINIMUM (18/30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A SUFFICIENT KNOWLEDGE AND A SUFFICIENT QUALITY OF THE EXPLANATION OF TOPICS.
THE MAXIMUM (30/30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES THE FULL KNOWLEDGE OF THE TOPICS, THE CAPACITY OF CRITICAL ELABORATION, THE KNOWLEDGE OF THE LEGAL DOCTRINE, AND THE SKILL TO CONNECT THE ISSUES TO THE RULES AND STANDARDS.
THE EXAM WILL BE PASS WITH HONOURS IF THE STUDENT IS EXCELLENT AND DEMONSTRATES VERY GREAT KNOWLEDGE OF TOPICS, LINGUISTIC ACCURANCY AND CAPACITY OF AUTONOMOUS PROCESSING.
Texts
- G. P. CIRILLO- S. PERONGINI (A CURA DI), DIRITTO PROCESSUALE AMMINISTRATIVO, TORINO, GIAPPICHELLI, 2020.

- F. G. SCOCA (A CURA DI), GIUSTIZIA AMMINISTRATIVA, GIAPPICHELLI, TORINO, 2020.
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