50308 - ADVANCED ADMINISTRATIVE LAW - GLOBAL ADMINISTRATIVE LAW
Department of Law
Course taught in English
GIACINTO DELLA CANANEA
Suggested background knowledge
Mission & Content Summary
MISSION
CONTENT SUMMARY
I. Introduction: Public Law in a Globalized Perspective: a) public law beyond the state: old and new issues; b) Global administrative law: variety of mechanisms, c) citizens and public authorities
II. Interests and Values: a) global policies: health; b) global policies: environmental protection; c) the protection of cultural heritage; d) regulating global finance; e) values: democracy and rule of law, f) values: human dignity and fundamental rights, g) just Western values?
III. When Legal Orders Collide: a) coordination and collision between legal orders, b) the relationship between UN law, that of the EU, and the ECHR, c) foreign investment, d) general principles: proportionality, e) general principles: participation
IV. The limits of global law and policies: the pandemics; environmental crises; human rights crises.
Horizontal topics include: the emergence of collective interests at global level; due process of law in regulatory and adjudicatory procedures; the transnational judicial protection of the individual; the tensions between treaties, state law, and human rights in developing countries
Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to
a) find, read, and understand the documents and data concerning both old and new public authorities (such as the states and international bodies, on the one hand, and regional and global bodies which discharge administrative functions and powers),
b) understand the various forms of action used by these public authorities,
c) make sense of global values, as well as of general principles and rules applicable to public authorities beyond the state,
d) consider the various protections (judicial and non-judicial) available for individual and collective interests
e) develop critical thinking about public action and its results.
APPLYING KNOWLEDGE AND UNDERSTANDING
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
- Lectures
- Guest speaker's talks (in class or in distance)
- Individual works / Assignments
- Interaction/Gamification
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. There will be, moreover, interaction either in the form of a mock trial or in that of a simulated public debate within a governmental body.
Assessment methods
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ATTENDING STUDENTS
- I. Response paper
o Attending students are evaluated on the basis of (A) a short (two or three pages) "response paper" on the weekly readings (50%), attendance and participation (20%), and a final oral exam (30%), where there is a discussion of the issues examined during the course
o Guidelines for writing the response paper are uploaded on the Bboard at the beginning of the course. All the response papers will be assessed before the oral exam;
o Objective: To verify knowledge of the core institutions of administrative law, as well as the ability to correctly approach the analysis of issues related to the organization and action of public authorities
o Structured discussion: there is additional guidance for the mock trial(s) and the simulated public debates.
o Validity: both A) and B), as illustrated above, remain valid for all exam sessions immediately following the course.
- II. Oral Exam (During official exam dates)
o 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.
o Objective: To assess the ability to present and argue course topics, link different legal institutions, critically use legal sources and materials, and employ appropriate specialized terminology.
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- Evaluation Criteria: Assessment will rigorously focus on the conceptual mastery of individual legal institutions, the ability to make systematic connections between different parts of the syllabus, the proper use of legal terminology, and the capacity for critical analysis of statutory and case law sources.
- Grading: The final grade will take into account both participation and the response paper, as illustrated above. The oral exam aims to consolidate, deepen, and finalize the definitive grade.
NOT ATTENDING STUDENTS
For students who cannot attend lectures, the exam consists of both a written and an oral part, during the official sessions listed on the academic calendar.
- I. Written Exam
- Objective: To verify knowledge of the core institutions of administrative law, as well as the ability to correctly approach the analysis of issues related to the organization and action of public authorities.
- Format: The written test features a mixed structure divided into two parts: multiple-choice questions (to assess general knowledge) and open-ended questions (to evaluate synthesis and presentation skills).
- Validity: Passing the written test is not a mandatory prerequisite for the oral exam. It remains valid for all exam sessions immediately following the course.
- II. Oral Exam
- Objective: To assess the ability to present and argue course topics, link different legal institutions, critically use legal sources and materials, and employ appropriate specialized terminology.
- Evaluation Criteria: Assessment will rigorously focus on the conceptual mastery of individual legal institutions, the ability to make systematic connections between the various sub-topics and issues examined, and the capacity to critically analyze rules and judicial decisions.
- Grading: The final grade will take into account the outcomes of both tests. The written exam serves as the baseline evaluation, while the oral exam aims to consolidate, deepen, and finalize the definitive grade
Teaching materials
ATTENDING STUDENTS
Attending students are requested to read all the cases and materials made uploaded on blackboard and discussed during the course.
Mandatory materials (please choose at least one out of the three)
· J. B. Auby, Globalization, Law & the State, Oxford, Hart, 2017
· S. Cassese, Advanced Introduction to Global Administrative Law, Cheltenham, Elgar, 2021;
· G. della Cananea, Understanding Global Administrative Law, Nijhoff, Brill, 2025
NOT ATTENDING STUDENTS
Students are requested to read all the cases and materials uploaded on blackboard and discussed during the course.
Mandatory materials (please choose at least one out of the three)
· J. B. Auby, Globalization, Law & the State, Oxford, Hart, 2017
· S. Cassese, Advanced Introduction to Global Administrative Law, Cheltenham, Elgar, 2021;
· G. della Cananea, Understanding Global Administrative Law, Nijhoff, Brill, 2025