LEGISLATION OF PUBLIC WORKS AND BUILDING, URBAN PLANNING LAW AND SOCIOLOGY

Sergio PERONGINI LEGISLATION OF PUBLIC WORKS AND BUILDING, URBAN PLANNING LAW AND SOCIOLOGY

0660100034
DEPARTMENT OF CIVIL ENGINEERING
EQF7
BUILDING ENGINEERING - ARCHITECTURE
2024/2025

OBBLIGATORIO
YEAR OF COURSE 1
YEAR OF DIDACTIC SYSTEM 2017
SPRING SEMESTER
CFUHOURSACTIVITY
660LESSONS
ExamDate
LEGISLAZIONE DELLE OPERE PUBBLICHE E DEL16/12/2024
Objectives
THE COURSE AIMS TO ENABLE THE STUDENT TO ACQUIRE THE FUNDAMENTALS OF PUBLIC LAW, ESSENTIAL FOR THE PERFORMANCE OF PROFESSIONAL ACTIVITIES, WITH PARTICULAR REFERENCE TO THE INSTITUTION OF EXPROPRIATION, PUBLIC CONTRACTS AND THE MAIN PLANNING INSTRUMENTS, AND WITH AN IN-DEPTH STUDY OF THE SUBJECT OF URBAN EQUALIZATION.
KNOWLEDGE AND ABILITY TO UNDERSTAND
THE STUDENT WILL: - HAVE A GENERAL KNOWLEDGE OF THE MAIN INSTITUTIONS OF PUBLIC LAW; - BE ABLE TO UNDERSTAND CONCEPTS ON EXPROPRIATION, PUBLIC CONTRACTS AND THE MAIN PLANNING INSTRUMENTS, WITH AN IN-DEPTH STUDY OF THE SUBJECT OF URBAN EQUALIZATION.
ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING
THE STUDENT WILL BE ABLE TO: - ANALYZE WITH AWARENESS THE FUNDAMENTAL INSTITUTIONS OF PUBLIC LAW; - APPLY LEGAL KNOWLEDGE TO THE ANALYSIS OF COMPLEX SITUATIONS IN STUDY AND WORK CONTEXTS.
AUTONOMY OF JUDGMENT
THE STUDENT WILL BE ABLE TO IDENTIFY THE LEGISLATION APPLICABLE TO THE CONCRETE CASE. KNOW HOW TO FRAME LEGAL INSTITUTIONS.
COMMUNICATION SKILLS
THE STUDENT WILL BE ABLE TO EXPOUND A TOPIC RELATED TO THE PROGRAM WITH APPROPRIATENESS OF LEGAL LANGUAGE.
LEARNING SKILLS
THE STUDENT WILL BE ABLE TO APPLY ACQUIRED KNOWLEDGE AND BE ABLE TO INDEPENDENTLY LEARN NEW DEVELOPMENTS IN KNOWLEDGE.
Prerequisites
A)- KNOWLEDGE AND UNDERSTANDING OF THE ITALIAN LANGUAGE.
B)- ANY PRECONDITION
Contents
1.) GENERAL KNOWLEDGE OF ADMINISTRATIVE LAW.
THE PUBLIC ADMINISTRATION IN THE DEMOCRATIC ORDER.
THE AUTONOMY OF LOCAL AUTHORITIES.
THE ADMINISTRATIVE ACTIVITY. THE DISCRETION
THE SUBJECTIVE LEGAL SITUATION: THE LEGITIMATE INTEREST AND THE RIGHT OF INDIVIDUALS.
THE ADMINISTRATIVE PROCEDURE.
THE ADMINISTRATIVE ACT: CONCEPT, CLASSIFICATION ELEMENTS. THE DISCIPLINE OF DISABILITY ADMINISTRATIVE MEASURE. ADMINISTRATIVE MEASURES OF THE SECOND DEGREE, AND SELF-PROTECTION.
THE ADMINISTRATIVE ARRANGEMENTS.
THE ACTIVITY OF PRIVATE LAW OF PUBLIC ADMINISTRATION. (15 H)

2.)- THE EXPROPRIATION FOR PUBLIC USE.
THE EMINENT DOMAIN: GENERAL. PRINCIPLE OF LEGALITY. THE CONSOLIDATED LAW ON EXPROPRIATION FOR PUBLIC UTILITY: A) OBJECT B) SCOPE. THE LEGISLATIVE AND ADMINISTRATIVE COMPETENCE IN THE FIELD OF EMINENT DOMAIN.
THE PHASES OF THE EXPROPRIATION PROCEEDINGS: PREMISE. THE PHASE OF THE SUBMISSION OF THE BOND PREORDAINED EXPROPRIATION.
THE PHASE OF THE DECLARATION OF PUBLIC UTILITY. THE APPROVAL OF THE FINAL DESIGN. THE APPROVAL OF A DRAFT OF A WORK NOT CONFORM TO URBAN FORECASTS.
DETERMINING COMPENSATION FOR EXPROPRIATION.
ARTICLE. 22A: EMERGENCY EMPLOYMENT INTENDED EXPROPRIATION.
THE DECREE OF EXPROPRIATION.
THE PAYMENT OF COMPENSATION FOR EXPROPRIATION.
THE CONSEQUENCES OF THE USE OF AN ASSET FOR PURPOSES OF PUBLIC INTEREST IN THE ABSENCE OF A VALID ABLATION MEASURE.
THE VOLUNTARY TRANSFER.
RELEGATION.
TEMPORARY EMPLOYMENT.
JUDICIAL PROTECTION IN THE FIELD OF EMINENT DOMAIN. (30 H).


3)- CONSTRUCTION AND URBAN DEVELOPMENT.
THE URBAN PLANNING.
THE MUNICIPAL DEVELOPMENT PLAN.
“PEREQUAZIONE” (15 H)
Teaching Methods
LECTURES, SEMINARS ON ISSUES AND DISCUSSION BY STUDENTS. ATTENDANCE IS MANDATORY FOR 70% AS PER THE TEACHING REGULATIONS AND WILL BE NOTIFIED ELECTRONICALLY OR BY THE TEACHER.
THE LESSONS ARE AIMED AT VERIFYING WHICH SKILLS AND COMPETENCES WILL BE ACQUIRED BY THE STUDENTS.
Verification of learning
ORAL EXAMINATION AT THE END OF THE COURSE.
THERE WILL BE NO MIDTERM OR INTERMEDIATE TESTS, BUT THE FINAL ORAL TEST WILL COVER THE TOPICS COVERED IN ALL THREE MODULES.

EVALUATION CRITERIA WILL BE:
AUTONOMY OF JUDGEMENT ABILITY TO GATHER AND CRITICALLY INTERPRET COMPLEX DATA AND INFORMATION IN THE SPECIFIC FIELD OF STUDY. COMMUNICATION SKILLS ABILITY TO COMMUNICATE TO AN AUDIENCE OF NON-SPECIALISTS INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC FIELD OF STUDY WITH PROPERTIES OF LANGUAGE AND GOOD ARTICULATION OF THOUGHT. LEARNING SKILLS ACQUISITION OF THE NECESSARY REFERENCES, TOOLS AND LEARNING ABILITY TO FURTHER ENRICH THE ACQUIRED LEGAL COMPETENCES AND TO APPLY THESE COMPETENCES ALSO TO OTHER SUBJECTS OF THE COURSE OF STUDY.
THE LEARNING ASSESSMENT WILL BE CARRIED OUT THROUGH A FINAL ORAL TEST AIMED AT EVALUATING THE KNOWLEDGE AND SKILLS ACQUIRED.
THE EVALUATION WILL BE EXPRESSED IN THIRTIETHS.
THE MINIMUM MARK (18) WILL BE GIVEN IF THE CANDIDATE DEMONSTRATES KNOWLEDGE THE EXPROPRIATIVE PROCEDURE AND OF THE PLANNING PROCEDURES. THE MAXIMUM MARK (30) WILL BE GIVEN IF THE CANDIDATE DEMONSTRATES A DEEP KNOWLEDGE OF THE PROCEDURE PHASES, A KNOW-HOW TO INTERPRET THE LEGAL RULES AND KNOW HOW TO INDEPENDENTLY REBUILD THE INSTITUTIONS SUBJECT TO THE PROGRAM, CREATING LINKS.
HONOURS WILL BE AWARDED WHEN THE CANDIDATE DEMONSTRATES EXCELLENT QUALITY OF PRESENTATION, SIGNIFICANT MASTERY OF THE METHODOLOGIES AND INSTITUTES AND SHOWS REMARKABLE LANGUAGE AND AUTONOMOUS ELABORATION SKILLS AS WELL AS TRANSVERSAL CORRELATION BETWEEN THE VARIOUS TOPICS OF THE COURSE.
Texts
- C. GUACCI - S.PERONGINI (A CURA DI), PROFILI GIURIDICI DELL'ESPROPRIAZIONE PER PUBBLICA UTILITÀ, GIAPPICHELLI, 2013;
- S. PERONGINI, PROFILI GIURIDICI DELLA PEREQUAZIONE URBANISTICA PEREQUATIVA, GIUFFRE', 2005.
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