PUBLIC AND ADMINISTRATIVE LAW - II

The teaching is among the basic ones of the course of study in the Sciences of the Society and of the Social Service.
The course aims to provide students with the knowledge of the fundamental legal institutions of modern administrative law and of the rights of the person, with particular regard to the right to social assistance and the public apparatus responsible for the management of welfare policies and social services. Essential for these purposes will be the acquisition of an appropriate technical legal language and the ability to frame the individual institutions within the regulatory framework.

1. Knowledge and understanding
1.1 Knowing the regulatory system and the multilevel administrative apparatus responsible for managing welfare policies and in particular social assistance policies.
1.2 Know the individual administrative law institutions covered by the program.
1.3 Understand the role that these institutions play with regard to welfare policies and the management and organization of social assistance services.

2. Ability to apply knowledge and understanding
2.1 Knowing how to frame the single legal institutions within the organizational framework responsible for welfare policies and the management and organization of social assistance services.
2.2 Knowing how to identify the individual legal regulations or the various sets of them intended to regulate specific welfare policies or specific social assistance services.
2.3 Acquisition of the knowledge of institutions, distinguishing the function specifically performed by each of them in the model of the public apparatus responsible for welfare policies and the management and organization of social assistance services.

3. Ability to judge
3.1 Interpret the normative texts.
3.2 Identify, distinguish and relate the principles and norms contained in the various sources of multilevel law.
3.3 To relate the legal institutions to each other and to recompose them to unity in the context of the public apparatus responsible for the management and organization of welfare policies and social assistance services.

No one. No one. No one. No one

• Public administration. The administrative procedure. Administrative discretion. Administrative measures, their pathology and tools for protection.
• Regional and local organisation
• Constitutional justice. Compostion and functions of the constitutional Court. Judicial review of legislation. Conflicts of attribution between powers of the State.
• The assistance system. The constitutional distribution of legislative and administrative powers concerning social services. The welfare services and the delivery models. Sector legislation.

- A. Barbera, C. Fusaro, Corso di Diritto Pubblico, Il Mulino, last edition, the following chapters:
-Chapters V (only paragraphs 16 and 17), XII, XV
- Chapter XIII (only reading)
- R. Bin, D. Donati, G. Pitruzzella, Outlines of public law for social services, Turin, Giappichelli, last edition, the following parts:
- Part V
- Part VIII
- Part XI
- Part XIII

The written test consists of 4 open questions, relating respectively to the administrative procedure or administrative measures (1), to regional and local organisation (1),to constitutional Court (1) and to social rights and the welfare system (1).

The course mainly follows a conventional teaching approach, through lectures.

Italian

written