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Program

EN IT

Updated A.Y. 2022-2023

Presentation

The course addresses the administrative implications of European integration. The main features of both European administration and administrative activity (such as, e.g., polycentric organization, normative sources, mixed proceedings, remedies) - and at the same time the main differences vis a vis domestic legal systems and national administrative law - are discussed.
The aim of the course is to provide students with the fundamental knowledge on principles and rules affecting administrative regulation regarding public and private actors, in order to raise awareness and criticisms on rights, duties, and remedies available against the use of authoritative powers by the European administration.
Lectures will be carried out with the active participation of students, who are asked to read selected materials in advance. Materials (legislation, rulings, doctrinal essays etc.) may be uploaded on the Course website.

Prerequisites

This is an advanced course on the administrative and commercial law of the European Union (EU), which presupposes at least the basic elements of EU law and, if possible, a prior course of EU institutions and policies. 

Topics

1. Why a course on European Administrative Law. Features of Domestic Administrative Law and models of European Administration: direct v. shared management. Course structure. Mapping the European Administrative Space. 2. Features of European Administrative Law. 3. Direct implementation. 4. Decentralised implementation: the case of Agencies Lecture 5. Composite procedures Lecture 6. Legality. 7. Due process. 8. Proportionality, impartiality, transparency principles of good administration. 9. The right to judicial review LAW IN PRACTICE  10-12. Sectorial Enforcement Competition and regulation

Course's objectives

LEARNING OUTCOMES: The course addresses the administrative implications of European integration. The main features of both European administration and administrative activity (such as, e.g., polycentric organization, normative sources, mixed proceedings, remedies) - and at the same time the main differences vis a vis domestic legal systems and national administrative law - are discussed.  KNOWLEDGE AND UNDERSTANDING:  The aim of the course is to provide students with the fundamental knowledge on principles and rules affecting administrative regulation regarding public and private actors, in order to raise awareness and criticisms on rights, duties, and remedies available against the use of authoritative powers by the European administration. The Course intends to provide students not only with a theoretical but also an analytical and practical knowledge on the European framework in the administrative and the commercial law field. Special emphasis is given to the relationship between European Institutions on one side, and private entities, both citizens and undertakings, on the other side. In the long run, the aim of the course is to give to students the most mature insight with regard to the relationships between undertakings and institutional players in the European Union in the framework of the European social market economy, followed by the most recent institutional and jurisprudential developments, so to strengthen what already learned during the first cycle and be able to apply these tools in an innovative way, also in research contexts.  Syllabus includes a great variety of documents from diverse sources (treaty provisions, excerpts from secondary EU law, ECJ judgments, policy papers, Commission Communications, Statistics, working papers, selected articles from scientific EU-related journals and reviews). For each session students will have to read in advance the specific assignments for the relevant topic, in order to follow proactively classes. APPLYING KNOWLEDGE AND UNDERSTANDING: Lectures will be carried out with the active participation of students, who are asked to read materials in advance. Students will debate on cases and materials selected. Materials (legislation, rulings, doctrinal essays etc.) may be downloaded on the Course website.  The module adopts an innovative method, which will help students in understanding the relevant aspects of European integration and policies and to will give them the ability to apply their knowledge, in other situations and to actual work in the context of European  Institutions and/or National and local public administrations subject to European directives and regulations. To ensure this, teaching activities will be carried on by the professor by assuring a strong role of students, which will be given in advance materials and readings (judgements, legislation as well as doctrine on the most debated issues). Students will be required to take active part to the discussion in class, by analysing cases and materials selected in advance and collected in the syllabus.  MAKING JUDGEMENTS:  The aim of the course is to provide students not only an understanding of this area of law, but also to raise their ability to subject it to critical legal and economic analysis. Lectures will be carried out with the active participation of students, which will be required to prepare each class in advance: documents (legislation, judgements, doctrine etc.) will be made available through the University website. Students will be required to prepare each class in advance using the materials included in the Reader and they will be encouraged to take active part to the discussions, which are the core of the lectures. Students will have the possibility to have an open and interactive discussion, improving their debating capacity and stimulating their critical vision on European issues.  Debates in classes will be highly promoted and also simulation of legal procedures with Administration as well as of judgments will be organised. The debating activities will also stimulate students’ critical thinking. The objective of the course is also to stimulate their independent judgment and capacity in problem solving and capacity to play an active role in the economy and in the society through a deep understanding of the decision making process as well as of the administrative activity. COMMUNICATION SKILLS: Lectures will be kept to the minimum and students will be encouraged to engage in discussion. They will be required to prepare each class in advance. Thanks to the innovative teaching method, students will enhance their communication and exhibition skills in English.  LEARNING SKILLS: The course will give students competitive skills in the field of European law and policy, by providing the instruments and the fundamental models for the understanding of the European institutional system and the evaluation of the role played by undertakings. They will be provided with a dynamic knowledge of EU policies, thanks to a method which encourages the development of autonomous learning skills and research activities.  The materials included in the Syllabus will make students familiar with EU-related documents and resources.

For more details on the program, see the syllabo, inside, uploaded in the Materials section.

Texts

Textbook (program for non-attending students): Harlow, Leino della Cananea, Research Handbook on European Administrative Law, 2017 Readings (program for attending students): see the Syllabus file with the detailed list of readings, loaded into the Materials page

Assessment
Final exam: both written and oral (See Section Exam Rules and Examination Board)