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Degree Course in

Public Administration Management

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Civil Law OF THE ADMINISTRATIVE ACTION

Academic Year 2026/2027 - Teacher: CLAUDIA BENANTI

Expected Learning Outcomes

The course aims to provide students with the theoretical and practical tools necessary to understand the role of civil law in regulating public administrative activity, with particular attention to the use of private law categories in administrative organization, in the relationships between public authorities and citizens, and in consensual models of public action.

According to the Dublin Descriptors, by the end of the course students are expected to achieve the following learning outcomes:

1. Knowledge and understanding

Students shall demonstrate that they:

  • know the main private law categories relevant to administrative activity, with particular reference to contracts, obligations, civil liability, good faith, legitimate expectations, and contractual autonomy;
  • understand the role of private autonomy in the organization and functioning of public administration;
  • know the main consensual models of administrative action and the related interpretative and practical issues;
  • understand the civil law aspects of the relationships between public administration and citizens;
  • know the main legislative, doctrinal, and case-law approaches concerning the application of private law categories to administrative activity.

2. Applying knowledge and understanding

By the end of the course students shall be able to:

  • apply private law categories to the analysis of administrative activity;
  • critically interpret practical cases and judicial issues concerning public contracts, pre-contractual liability, protection of legitimate expectations, civil liability of public authorities, and restitutionary remedies;
  • identify and analyse legal issues connected with the use of private law instruments by public entities;
  • develop systematic connections between civil law and administrative activity;
  • apply the acquired knowledge to the analysis of contemporary transformations of public action, increasingly characterised by the use of consensual models and contractual instruments.

3. Making judgements

By the end of the course students shall be able to:

  • develop independent judgement in interpreting the relationship between private law and public administration;
  • critically assess the use of civil law categories in the regulation of administrative activity;
  • analyse issues relating to the civil liability of public entities and the private law remedies applicable to administrative relationships;
  • collect and interpret legislative and case-law materials useful for the solution of complex legal issues.

4. Communication skills

By the end of the course students shall be able to:

  • use appropriate specialist legal language;
  • develop legal reasoning and critical analysis skills with regard to case law;
  • draft reports and legal papers in a scientifically accurate manner;
  • communicate specialist content concerning the relationship between civil law and administrative activity.

5. Learning skills

By the end of the course students shall possess:

  • the ability to independently deepen their knowledge of case law and civil law scholarship;
  • the ability to use specialised legislative, judicial, and bibliographical sources;
  • the ability to develop autonomous research paths on issues related to civil law and administrative activity;
  • methodological tools useful for pursuing further academic and professional studies.

Course Structure

Teaching is carried out through lectures aimed at providing a systematic framework of the legal concepts addressed and at fostering a critical analysis of the main theoretical and practical issues.

Lectures will be supplemented by guided discussions of significant case law and specialised scholarly contributions, in order to develop students’ ability to apply private-law categories to administrative activity.

Active student participation will be encouraged through classroom discussions designed to enhance legal reasoning skills and the ability to establish systematic connections among the topics covered.

Supporting materials (case law, academic articles and summary outlines) will be made available through the University’s online learning platform.

Required Prerequisites

For successful attendance of the course, knowledge of the main institutions of private law is required, with particular reference to general contract theory, the law of obligations and civil liability, as a prerequisite for a full understanding of the private-law aspects of administrative activity.

No formal prerequisites are required; however, prior completion of coursework in private law is strongly recommended.

Attendance of Lessons

Attendance is not mandatory; however, it is strongly recommended in view of the systematic structure of the course and the in-depth analysis of case law and scholarly materials.

Active participation in class facilitates the understanding of more complex issues and contributes to the development of critical analysis and legal reasoning skills. Attendance is particularly recommended for students who intend to take the mid-term examination.

Detailed Course Content

The course examines the transformation of administrative action through the lens of private-law categories, highlighting how contemporary public administration increasingly operates through contractual instruments, consensual models and liability regimes traditionally belonging to private law.

The course offers a private-law reinterpretation of administrative activity, focusing on the role of private autonomy, civil liability and restitutionary remedies in regulating relationships between public administrations and citizens. Particular attention will be devoted to the analysis of significant case law and specialised scholarly contributions.

1. Public Administration between Authority and Private Autonomy

Applicability of private-law rules to public entities; legal nature of public bodies; extension of private autonomy to public administration; bodies governed by public law and public undertakings; overcoming the traditional divide between public law and private law; consensual models of administrative action; administrative agreements, substitutive and determinative agreements; voluntary transfer agreements; distinction between public procurement contracts and concessions; concessions over public assets; public services, with particular reference to digital public services.

2. Circulation of Public Assets and Private-Law Techniques of Territorial Governance

Expropriation for public purposes and protection of property rights; acquisitive occupation and its jurisprudential evolution; pre-emption rights concerning cultural heritage assets; transferable development rights; destination constraints under Article 2645-ter of the Italian Civil Code; civic uses (overview); limitations on the assignment of claims against public administrations and set-off.

3. The Contract as an Instrument of Administrative Action

Pre-contractual liability of public administrations; form requirements of public contracts; derivative invalidity; contract interpretation and the prevalence of so-called objective interpretative criteria; performance of contractual obligations and protection of the private contractor; specific performance of the obligation to give consent; specific restoration under Article 2058 of the Italian Civil Code; possessory remedies against public administrations.

4. Civil Remedies and Liability of Public Administration

Unjust enrichment and unjustified enrichment within public administration; off-balance-sheet public debts; special regimes of non-contractual liability applicable to public entities; environmental damage liability and the restorative function of compensation; the “polluter pays” principle; medical liability within public healthcare institutions; workplace harassment (mobbing) in public employment; civil liability as a governance tool for administrative activity.

5. Future Perspectives

Privatisation of administrative instruments; consensual and digital administration; protection of collective interests; the role of civil law in regulating contemporary public administrations.

Textbook Information


Learning Assessment

Learning Assessment Procedures

The final assessment consists of an oral examination aimed at verifying the acquisition of theoretical knowledge, critical analytical skills, the ability to discuss relevant case law, and the appropriate use of specialised legal terminology.

During the teaching break, students may take an optional mid-term examination, which will be conducted orally and will cover part of the syllabus. The grade obtained in the mid-term examination will contribute to the final grade, provided that the final examination is taken within the year 2026.

The evaluation will take into account the student’s mastery of the subject matter, the ability to establish systematic connections between the legal concepts examined, the capacity to apply private-law categories to the analysis of administrative activity, and the ability to critically discuss the relevant case law.

Examples of frequently asked questions and / or exercises

  • Applicability of private law to public administration and limits of public entities’ private autonomy.

  • Difference between public procurement contracts and concessions and the role of contracts in administrative activity.

  • Pre-contractual liability of public administrations.

  • Expropriation, acquisitive occupation and protection of property rights.

  • Unjust enrichment within public administration.

  • Environmental damage and the restorative function of compensation.

  • Civil liability of public administration.