50199 - ADMINISTRATIVE LAW - GLOBAL ADMINISTRATIVE LAW

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.

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

·       Proportionality

·       Judicial protection

·       Data protection

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

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

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

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.

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.

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. 

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:

• S. Cassese, The Global Polity. Global Dimensions of Democracy and the Rule of Law (Editorial Derecho Global / Global Law Press) 2014, available athttp://es.globallawpress.org/wp-content/uploads/02-TheGlobalPolity.pdf;
• J. B. Auby, Globalization, Law & the State, Oxford, Hart, 2017;
• G.  della Cananea, Due Process of Law Beyond the State. Requirements of Administrative Procedure (Oxford University Press, 2016).
• Press, 2016).

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)

• S. Cassese, The Global Polity. Global Dimensions of Democracy and the Rule of Law (Editorial Derecho Global / Global Law Press) 2014, available at http://es.globallawpress.org/wp-content/uploads/02-TheGlobalPolity.pdf
• J. B. Auby, Globalization, Law & the State, Oxford, Hart, 2017.