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Free University of Bozen-Bolzano

Public and Administrative Law

Semester 1 · 27602 · Master in Public Policy and Innovative Governance · 8CP · IT


The Public and Administrative Law course explores the structure and functioning of the state, the principles of public and administrative law and the multilevel legal system in a European context. It focuses on legal sources, fundamental rights, regional autonomy and the role of public administration in promoting efficiency, transparency and sustainability. Special attention is given to innovative approaches to governance and the protection of rights in the economic, social and environmental spheres.

Lecturers: Stefania Baroncelli, Lucia Busatta, Christoph Perathoner

Teaching Hours: 48
Lab Hours: 10 preparatory course (Busatta) + 12 (Perathoner)

Course Topics
Forms of government and the political-institutional system Judiciary, public administration and independent authorities Regions and regionalism Fundamental rights, duties and social formations Economic constitution and public finance Constitutional justice Sources of law Elements of administrative law (Constitutional principles and organisation)

Teaching format
Lectures, workshop and group work

Educational objectives
ILO (Intended Learning Outcomes) Public and Administrative Law ILO1 Knowledge and understanding ILO1.1 The student acquires legal knowledge necessary for the training of senior public sector professionals, capable of understanding and managing the internal dynamics and relations of public bodies and local, national and supranational administrations. This knowledge is essential to enable students to successfully take part in public competitions. ILO2 Ability to apply knowledge and understanding ILO2.1 Ability to interpret and apply the main rules on the organisation and operation of public organisations ILO2.2 Ability to use the techniques of legal reasoning in the field of public administration and the public sector, to use the appropriate legal terminology in the three languages of instruction, and to apply the knowledge gained to concrete legal and organisational events at local, national and supranational level ILO3 Making judgements ILO3.1 ability to select data and use appropriate information to describe a problem relating to the design, implementation and evaluation of public sector projects and policies, aiming at innovation and improvement of processes, products and results ILO4 Communication skills ILO4.1 ability to communicate effectively in oral and written form the specialised content of individual disciplines, using different registers according to recipients and communicative and didactic purposes, and to evaluate the formative effects of his/her communication ILO5 Learning ability ILO5.1 ability to use information technology autonomously to carry out bibliographical research and investigations and for one's own training and further education.

Assessment
Attending students - Mid-semester written examination covering the first third of the course syllabus (multiple-choice questions - 30% of final grade) ILO1.1, ILO2.1. ILO2.2, ILO4 - Mid-semester oral examination covering the second third of the course syllabus (30% of the final grade) ILO1.1, ILO2.1. ILO2.2, ILO4 - Final written exam covering the remaining part of the syllabus (multiple choice and open questions - 20% of the final grade) ILO1.1, ILO2.1. ILO2.2, ILO4 - Workshop: questions on practical issues and innovative solutions; assessed separately (20% of the final grade) ILO2.1, ILO2.2, ILO3, ILO4, ILO5 Non-attending students Final written examination consisting of: - multiple-choice questions - open questions, - questions relating to the laboratory and innovative governance solutions. ILO1.1, ILO2.1, ILO2.2, ILO3, ILO4, ILO5 Note on labs Laboratory activities are assessed separately (also for attendance purposes). However, the final examination covers both lecture and lab content.

Evaluation criteria
Written examination Clarity and completeness of answers Correct use of legal language and Italian Ability to summarise, link topics and evaluate critically Appropriate commentary on regulatory and case law texts Oral examination Knowledge and understanding of concepts Appropriate use of legal language Clear, orderly and coherent presentation Lab Relevant contributions to discussions Knowledge of the topics covered Critical analysis and writing/presentation skills Active participation: up to +2 points on the final mark Rewards Passing the preparatory course with distinction: up to 1 additional point.

Required readings

T. Groppi - A. Simoncini, Introduzione allo studio del diritto pubblico e delle sue fonti, Giappichelli editore, Torino, last ed. (the whole book)

Sections of the following books (the exact pages will be indicated in the detailed instructions for the examination in the Course Team)

-     S. Baroncelli, Constitutional Profiles of Trentino Alto Adige/Südtirol. Lezioni e materiali, Giappichelli, 2015

-     Baroncelli, Moschella, Morelli, Tiberi, M.P. Vipiana, P. Vipiana - Lineamenti di Diritto pubblico, Giappichelli, 2024

-      V. Cerulli Irelli, Lineamenti di diritto amministrativo, VII ed., Torino, 2019

-     Corso - De Benedetto - Rangone, Diritto amministrativo effettivo. Una introduzione, Il Mulino, 2022 

-&    United Nations, Good practices and innovations in public governance. United Nations public service awards winners and finalists 2012-2013 https://www.un-ilibrary.org/content/books/9789210541930#chapters

-&     United Nations, Compendium of Innovative Practices in Public Governance and Administration for Sustainable Development, 2016 https://www.un-ilibrary.org/content/books/9789210587099



Supplementary readings

Text of the Italian Constitution and other Western democracies.




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Sustainable Development Goals
This teaching activity contributes to the achievement of the following Sustainable Development Goals.

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