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Course 2023-2024 a.y.

50198 - ADMINISTRATIVE LAW - MODULE 2 (GLOBAL ADMINISTRATIVE LAW)

CLMG
Department of Law

Course taught in English



Go to class group/s: 31

CLMG (8 credits - I sem. - OBS  |  IUS/10)
Course Director:
GIACINTO DELLA CANANEA

Classes: 31 (I sem.)
Instructors:
Class 31: GIACINTO DELLA CANANEA


Synchronous Blended: Lessons in synchronous mode in the classroom (for a maximum of one hour per credit in remote mode)

Mission & Content Summary
MISSION

Public law, once centred on the State, is rapidly changing in an increasingly globalized world. Civil servants and consultants, practising lawyers and judges are often confronted with global standards and with interests that are legally relevant across jurisdictions. This course seeks to provide an in-depth understanding of the logics, dynamics, and challenges of “global administrative law”. This term refers to a situation in which: (1) relationships between the interests of individuals and public authorities are influenced or governed by multiple normative systems (from informal social norms to law, from specific rules to the general principles of law), and (2) two or more systems of governance – such as the courts of different legal orders – claim authority over the same domain of activity. Topics include: the emergence of collective interests at global level; the transnational judicial protection of the individual; the protection of due process of law in regulatory and adjudicatory procedures; the tensions between treaties, state law, and human rights.

CONTENT SUMMARY

After a brief introduction on the changing roles of both states and regional and global regulatory regimes, topics include:

Dynamics of interests in a globalized world

·       Health

·       Food

·       Cultural heritage

·       Land

Public Law Values

·       Democracy

·       Rule of law

·       Fundamental Rights

·       The protection of minorities: indigenous groups

When Legal Orders Collide: General Principles of Law

·       Justice beyond the State

·       Global Security and Due Process

·       Environmental Protection, Due Process and Transparency

Transparency

·       Proportionality

·       Judicial protection

·       Data protection

 

 


Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...

At the end of the course student will be able to

a) Acquire a better understanding of how old and new public authorities work discharge their functions and powers

b) Make sense of general principles and rules applicable to public authorities beyond the state

c)  Consider the various protection available for individual and collective interests.

APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...

At the end of the course student will be able to

a) shed light on the relationships between national, European, and international public authorities

b)  improve their abilities to examine (legal) documents and to explain and discuss their points of view, also within teamwork (e.g. with regard to judicial decisions).

c)  Improve critical thinking


Teaching methods
  • Face-to-face lectures
  • Online lectures
  • Case studies /Incidents (traditional, online)
  • Individual assignments
DETAILS

This course is taught through a combination of lectures and class discussions based on selected cases and materials that are available on the Bboard platform of the course. Students are encouraged to elaborate response papers and present them; this will be duly considered in the context of the final assessment.


Assessment methods
  Continuous assessment Partial exams General exam
  • Oral individual exam
  •     x
  • Individual assignment (report, exercise, presentation, project work etc.)
  • x    
    ATTENDING STUDENTS

    Attending students are evaluated on the basis of (A) a short (two pages) "response paper" on the weekly readings (50%), (B) a final oral exam  (50%)

     

    • Guidelines for writing the response paper are uploaded on the Bboard at the beginning of the course. All the response papers are assessed before the oral exam;
    • The exam takes place during the exam sessions, and consists of both open knowledge questions and 'cases questions', similar to those discussed during the course.
    NOT ATTENDING STUDENTS

    Students who do not attend the course have to sit a written and oral exam on the same day. The written exam consists of various types of questions (true or false questions and multiple choice questions) and are followed by the oral exam. 


    Teaching materials
    ATTENDING STUDENTS

    Attending students are requested to read all the materials provided during the course and uploaded on blackboard.

     

    Additionally, students are requested to read the following two articles:

    • B. Kinsbury, N. Krisch, R. B. Stewart, et al., The Emergence of Global Administrative Law, 68 Law and Contemporary Legal Problems 2005, pp. 15-60;
    • G. della Cananea & A. Stone Sweet, Proportionality, General Principles of Law, and Investor-State Arbitration: A Response to Alvarez, in New York University Journal of International Law and Politics, 2014, n. 1, p. 911-952.

     

    Students may, if they wish, helpfully read the following facultative materials:

    NOT ATTENDING STUDENTS

    For the students who do not attend the course, there will be a written and oral exam, on the same day. Students who do not attend the course will be requested, first, to provide written answers to a questionnaire including both true/false questions and questions with multiple choices and, second, to attend an oral exam.

     

    Not attending students are requested to read all the materials uploaded on blackboard, and in addition the following materials:

     

    Mandatory materials (please choose at least one out of the two)

    Last change 06/06/2023 14:41