EUROPEAN ADMINISTRATIVE LAW
Syllabus
EN
IT
Learning 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.
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.
MARTINA CONTICELLI
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.
Program
Lecture 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
Lecture 2. Features of European Administrative Law
Lecture 3. Direct implementation
Lecture 4. Decentralised implementation: the case of Agencies
Lecture 5. Composite procedures
Lecture 6. Legality
Lecture 7. Due process
Lecture 8. Proportionality, impartiality, transparency principles of good administration
Lecture 9. The right to judicial review
LAW IN PRACTICE
Lectures 10-12 Sectorial Enforcement
Competition and regulation
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
Lecture 2. Features of European Administrative Law
Lecture 3. Direct implementation
Lecture 4. Decentralised implementation: the case of Agencies
Lecture 5. Composite procedures
Lecture 6. Legality
Lecture 7. Due process
Lecture 8. Proportionality, impartiality, transparency principles of good administration
Lecture 9. The right to judicial review
LAW IN PRACTICE
Lectures 10-12 Sectorial Enforcement
Competition and regulation
Books
Readings and materials included in the Coutse's website.
For indepht insight, Harlow, Leino della Cananea, Research Handbook on European Administrative Law, 2017
For indepht insight, Harlow, Leino della Cananea, Research Handbook on European Administrative Law, 2017
Bibliography
Craig P., EU Administrative Law, Oxford University Press, Oxford, latest edition
Chalmers D., Davies G., Monti G., EU Law. Texts and materials, Cambridge University Press, Cambridge, latest edition
Paul Craig and Gráinne de Búrca, EU Law. Text, Cases, and Materials, latest edition
Recommended
Rudden and Wyatt’s EU Treaties & Legislation, Oxford University Press, Oxford, latest edition
Chalmers D., Davies G., Monti G., EU Law. Texts and materials, Cambridge University Press, Cambridge, latest edition
Paul Craig and Gráinne de Búrca, EU Law. Text, Cases, and Materials, latest edition
Recommended
Rudden and Wyatt’s EU Treaties & Legislation, Oxford University Press, Oxford, latest edition
Teaching methods
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.
Exam Rules
Exam Structure
The written exam is structured as one open-ended question. A minimum grade (18/30) is required to pass to the oral exam.
The oral exam will follow.
General reference is made to the EEBL course's rules about exams.
Weight
Final exam: written and oral (50%; 50%). Participation in classes will be also taken into account.
Criteria for students assessment
The exam evaluates the overall preparation of the student, the ability to integrate the knowledge of the different parts of the program, the consequentiality of the reasoning, the analytical ability and the autonomy of judgment. Furthermore, language properties and clarity of presentation are evaluated, in compliance with the Dublin descriptors (1. Knowledge and understanding); 2. Ability to apply knowledge and understanding; 3 . Making judgments; 4. Learning skills; 5: Communication skills.
Grades (on a scale of 30)
30-30L: Excellent level of knowledge and in-depth understanding of the topics. Excellent skills of analysis, synthesis and autonomy of judgment. Arguments expressed in an original way and with appropriate technical language.
27-29: Complete knowledge and understanding of the topics; remarkable abilities of analysis and synthesis. Good autonomy of judgment. Topics exposed rigorously and with appropriate / technical language
24-26: Fair knowledge and understanding of the topics; good skills of analysis and synthesis with arguments expressed in a rigorous way but with a language that is not always appropriate / technical.
21-23: Routine knowledge and understanding of topics; Ability to correct analysis and synthesis with sufficiently coherent logical argumentation and appropriate / technical language
18-20: just sufficient knowledge and understanding of the topics with possible generalizations and imperfections; sufficient capacity for analysis, synthesis and autonomy of judgment, the topics are frequently exposed in an inconsistent way and with inappropriate / technical language
Not passed: important deficiencies and / or inaccuracies in the knowledge and understanding of the topics; limited capacity for analysis and synthesis, frequent generalizations and limited critical and judgment skills, the topics are presented in an inconsistent way and with inappropriate language.
The written exam is structured as one open-ended question. A minimum grade (18/30) is required to pass to the oral exam.
The oral exam will follow.
General reference is made to the EEBL course's rules about exams.
Weight
Final exam: written and oral (50%; 50%). Participation in classes will be also taken into account.
Criteria for students assessment
The exam evaluates the overall preparation of the student, the ability to integrate the knowledge of the different parts of the program, the consequentiality of the reasoning, the analytical ability and the autonomy of judgment. Furthermore, language properties and clarity of presentation are evaluated, in compliance with the Dublin descriptors (1. Knowledge and understanding); 2. Ability to apply knowledge and understanding; 3 . Making judgments; 4. Learning skills; 5: Communication skills.
Grades (on a scale of 30)
30-30L: Excellent level of knowledge and in-depth understanding of the topics. Excellent skills of analysis, synthesis and autonomy of judgment. Arguments expressed in an original way and with appropriate technical language.
27-29: Complete knowledge and understanding of the topics; remarkable abilities of analysis and synthesis. Good autonomy of judgment. Topics exposed rigorously and with appropriate / technical language
24-26: Fair knowledge and understanding of the topics; good skills of analysis and synthesis with arguments expressed in a rigorous way but with a language that is not always appropriate / technical.
21-23: Routine knowledge and understanding of topics; Ability to correct analysis and synthesis with sufficiently coherent logical argumentation and appropriate / technical language
18-20: just sufficient knowledge and understanding of the topics with possible generalizations and imperfections; sufficient capacity for analysis, synthesis and autonomy of judgment, the topics are frequently exposed in an inconsistent way and with inappropriate / technical language
Not passed: important deficiencies and / or inaccuracies in the knowledge and understanding of the topics; limited capacity for analysis and synthesis, frequent generalizations and limited critical and judgment skills, the topics are presented in an inconsistent way and with inappropriate language.
MARCO MACCHIA
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.
Union (EU), which presupposes at least the basic elements of EU law and, if possible, a
prior course of EU institutions and policies.
Program
Lecture 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
Lecture 2. Features of European Administrative Law
Lecture 3. Direct implementation
Lecture 4. Decentralised implementation: the case of Agencies
Lecture 5. Composite procedures
Lecture 6. Legality
Lecture 7. Due process
Lecture 8. Proportionality, impartiality, transparency principles of good administration
Lecture 9. The right to judicial review
LAW IN PRACTICE
Lectures 10-12 Sectorial Enforcement
Competition and regulation
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
Lecture 2. Features of European Administrative Law
Lecture 3. Direct implementation
Lecture 4. Decentralised implementation: the case of Agencies
Lecture 5. Composite procedures
Lecture 6. Legality
Lecture 7. Due process
Lecture 8. Proportionality, impartiality, transparency principles of good administration
Lecture 9. The right to judicial review
LAW IN PRACTICE
Lectures 10-12 Sectorial Enforcement
Competition and regulation
Books
Readings and materials included in the Coutse's website.
For indepht insight, Harlow, Leino della Cananea, Research Handbook on European
Administrative Law, 2017
For indepht insight, Harlow, Leino della Cananea, Research Handbook on European
Administrative Law, 2017
Bibliography
Craig P., EU Administrative Law, Oxford University Press, Oxford, latest edition
Chalmers D., Davies G., Monti G., EU Law. Texts and materials, Cambridge University
Press, Cambridge, latest edition
Paul Craig and Gráinne de Búrca, EU Law. Text, Cases, and Materials, latest edition
Recommended
Rudden and Wyatt’s EU Treaties & Legislation, Oxford University Press, Oxford, latest
edition
Chalmers D., Davies G., Monti G., EU Law. Texts and materials, Cambridge University
Press, Cambridge, latest edition
Paul Craig and Gráinne de Búrca, EU Law. Text, Cases, and Materials, latest edition
Recommended
Rudden and Wyatt’s EU Treaties & Legislation, Oxford University Press, Oxford, latest
edition
Teaching methods
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.
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.
Exam Rules
Exam Structure
The written exam is structured as one open-ended question. A minimum grade (18/30) is
required to pass to the oral exam.
The oral exam will follow.
General reference is made to the EEBL course's rules about exams.
Weight
Final exam: written and oral (50%; 50%). Participation in classes will be also taken into
account.
Criteria for students assessment
The exam evaluates the overall preparation of the student, the ability to integrate the
knowledge of the different parts of the program, the consequentiality of the reasoning, the
analytical ability and the autonomy of judgment. Furthermore, language properties and
clarity of presentation are evaluated, in compliance with the Dublin descriptors (1.
Knowledge and understanding); 2. Ability to apply knowledge and understanding; 3 .
Making judgments; 4. Learning skills; 5: Communication skills.
Grades (on a scale of 30)
30-30L: Excellent level of knowledge and in-depth understanding of the topics. Excellent
skills of analysis, synthesis and autonomy of judgment. Arguments expressed in an original
way and with appropriate technical language.
27-29: Complete knowledge and understanding of the topics; remarkable abilities of
analysis and synthesis. Good autonomy of judgment. Topics exposed rigorously and with
appropriate / technical language
24-26: Fair knowledge and understanding of the topics; good skills of analysis and
synthesis with arguments expressed in a rigorous way but with a language that is not
always appropriate / technical.
21-23: Routine knowledge and understanding of topics; Ability to correct analysis and
synthesis with sufficiently coherent logical argumentation and appropriate / technical
language
18-20: just sufficient knowledge and understanding of the topics with possible
generalizations and imperfections; sufficient capacity for analysis, synthesis and autonomy
of judgment, the topics are frequently exposed in an inconsistent way and with
inappropriate / technical language
Not passed: important deficiencies and / or inaccuracies in the knowledge and
understanding of the topics; limited capacity for analysis and synthesis, frequent
generalizations and limited critical and judgment skills, the topics are presented in an
inconsistent way and with inappropriate language.
The written exam is structured as one open-ended question. A minimum grade (18/30) is
required to pass to the oral exam.
The oral exam will follow.
General reference is made to the EEBL course's rules about exams.
Weight
Final exam: written and oral (50%; 50%). Participation in classes will be also taken into
account.
Criteria for students assessment
The exam evaluates the overall preparation of the student, the ability to integrate the
knowledge of the different parts of the program, the consequentiality of the reasoning, the
analytical ability and the autonomy of judgment. Furthermore, language properties and
clarity of presentation are evaluated, in compliance with the Dublin descriptors (1.
Knowledge and understanding); 2. Ability to apply knowledge and understanding; 3 .
Making judgments; 4. Learning skills; 5: Communication skills.
Grades (on a scale of 30)
30-30L: Excellent level of knowledge and in-depth understanding of the topics. Excellent
skills of analysis, synthesis and autonomy of judgment. Arguments expressed in an original
way and with appropriate technical language.
27-29: Complete knowledge and understanding of the topics; remarkable abilities of
analysis and synthesis. Good autonomy of judgment. Topics exposed rigorously and with
appropriate / technical language
24-26: Fair knowledge and understanding of the topics; good skills of analysis and
synthesis with arguments expressed in a rigorous way but with a language that is not
always appropriate / technical.
21-23: Routine knowledge and understanding of topics; Ability to correct analysis and
synthesis with sufficiently coherent logical argumentation and appropriate / technical
language
18-20: just sufficient knowledge and understanding of the topics with possible
generalizations and imperfections; sufficient capacity for analysis, synthesis and autonomy
of judgment, the topics are frequently exposed in an inconsistent way and with
inappropriate / technical language
Not passed: important deficiencies and / or inaccuracies in the knowledge and
understanding of the topics; limited capacity for analysis and synthesis, frequent
generalizations and limited critical and judgment skills, the topics are presented in an
inconsistent way and with inappropriate language.