22910296 - Diritto amministrativo delle nuove tecnologie

Administrative law of new technologies
Knowledge and understanding: at the end of the course, the students will have knowledge and understanding of the administrative system in which they will work, having regard to the activities of public administrations, expecially in the light of the issues which arise from the use of the new technologies, and in particular the E-government, E-governance, the tools provided by the Italian Code of digital administration and the protection of the privacy.

Applying knowledge and understanding: after having followed the course, the student, having acquired an understanding of the Italian administrative reality and the related digitalisation process, will be able to apply this knowledge in any working context to operate in a more aware and critical manner, also in light of a greater familiarity acquired with the texts regulations and doctrinal elaborations.

Making judgements: the course aims to develop the ability to understand and evaluate the Italian administrative system especially considering the use of new technologies, encouraging the acquisition of a critical analysis capacity regarding individual regulatory texts, as well as administrative law as a whole and the problems related to the use of new technologies.

Communication skills: the course aims to develop the understanding of the technical-legal language and of the most relevant issues of administrative law, in the context of a more general reflection regarding the use of new technologies regarding the activity of public administrations also in the relationship with citizen users.

Learning skills: the course, through the analysis of the relevant legislation and doctrinal elaborations, aims to develop the ability to analyze and understand the legal instrument in particular linked to administrative law, in order to obtain a greater and autonomous understanding of the reality also in the workplace, in an increasingly technological context.

Connection with other courses: the course Administrative law and new technologies is particularly connected with the other legal courses of the degree course, to obtain a greater understanding of the legal-regulatory reality and the acquisition and knowledge of the related concepts and dynamics.
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Programma

In general, the course will analyse the most general and relevant issues of the administrative system, with regard to the activity of public administrations, in particular in light of the issues that emerge from the use of new technologies and with specific reference to the issues of e-government and governance, of the tools provided for by the Digital Administration Code (CAD).
In particular, the course will address the following topics:

- The development of administrative law
- Public administration and its law: the characteristics of administrative law
- The principles of the administrative action
- The administrative procedure
- Administrative transparency and the various forms of access to documents
- Digital administration, e-government and open-government
- The digitilalisation process of the public administrations in Italy: outline
- Digital citizenship and the right to use technologies
- Administrative procedure, administrative provision and digital technologies.


Testi Adottati

The mandatory materials (for students who attend the lectures and for students who do not attend the lectures) are:

1) M. D’alberti, Lezioni di diritto amministrativo, Giappichelli, (2023), only: - Chapter il diritto amministrativo dal XVIII al XXI secolo; Chapter, i principi del diritto amministrativo; Chapter, il procedimento amministrativo;

2) Handout: M. Lottini, Amministrazione digitale, e-government e open-government (available on-line - formonline).


Bibliografia Di Riferimento

For an individual study of the topics dealt with, please refer to: L. Torchia, Lo Stato digitale. Una introduzione, il Mulino, 2023; R. Cavallo Perin e D.U. Galetta, Il diritto dell’amministrazione pubblica digitale, Giappichelli, 2020; G. Corasaniti, tecnologie intelligenti, Mondadori, 2023;

Modalità Erogazione

The course includes on-site lectures and on-line lectures. During the lessons, the active participation of students will be encouraged, to stimulate reflection, critical and research skills

Modalità Frequenza

Attendance at lessons is not compulsory, but strongly recommended.

Modalità Valutazione

The evaluation of the students is based on a final written exam which consists of an open question (chosen between two possibilities) to which the students are asked to provide an answer in an hour at the computer lab (Viale Ostiense n. 133/b). The test has the function of verifying the level of learning of the issues covered, the student's familiarity with legal terminology and the ability to make critical thinking and logical connections. The test will be evaluated from a minimum mark of 18/30 which requires a basic knowledge of the topics covered, to a maximum mark of 30/30 cum laude which requires excellent knowledge of the program, ability to connect the different topics to possibly carry out some critical reflections and language skills. To access the exam, students must pre-register online. In case of difficulty in booking, they are asked to notify the teacher by the day before the exam by sending an email to his institutional address.