PORTALE DELLA DIDATTICA

PORTALE DELLA DIDATTICA

PORTALE DELLA DIDATTICA

Elenco notifiche



Administrative law for architecture

01VOXPQ

A.A. 2022/23

Course Language

Inglese

Degree programme(s)

Master of science-level of the Bologna process in Architettura Costruzione Citta' - Torino

Course structure
Teaching Hours
Lezioni 20
Esercitazioni in aula 40
Lecturers
Teacher Status SSD h.Les h.Ex h.Lab h.Tut Years teaching
Molaschi Viviana   Professore Associato GIUR-06/A 20 0 0 0 4
Co-lectures
Espandi

Context
SSD CFU Activities Area context
IUS/10 6 B - Caratterizzanti Discipline economiche, sociali, giuridiche per l'architettura e l'urbanistica
2022/23
The course of Administrative Law for Architecture provides the principles of the procedure and of the specific contractual scope of an architectural/urban design process. From the architects’ point of view, the knowledge of the fundamentals of administrative law is crucial, in order to understand how the legal mechanism mobilize the actors and the procedures involved in a project: from the initial contracts, through the documents and the procedures required during the process, until the finalization of tender procedures and works contract.
The teaching of administrative law for architecture aims to provide students with some basic knowledge of administrative law together with a more specific preparation in the areas of urban planning, expropriation for public utility and construction activities, as well as public contracts, with reference to public works. Since they are mainly foreign students, the course, while having as a reference the national law, will have as a constant framework the international issues of globalization and the supranational principles that influence the territorial planning of the various States. Each topic will therefore be first framed in the light of multi-level interactions and the impact that globalization has on urban planning. The course aims to highlight the social dimension of the various institutions and disciplines, as well as the application aspects for the exercise of the profession. The various themes will be addressed in the perspective of the principle of sustainable development, underlining their links with environmental protection. The issue of the protection of environmental assets is in fact of great importance for those professions, such as that of architect, engaged in activities having a significant impact on the territory and its elements.
The course of Administrative Law for Architecture provides the principles of the procedure and of the specific contractual scope of an architectural/urban design process. From the architects’ point of view, the knowledge of the fundamentals of administrative law is crucial, in order to understand how the legal mechanism mobilize the actors and the procedures involved in a project: from the initial contracts, through the documents and the procedures required during the process, until the finalization of tender procedures and works contract.
The teaching aims to give future architects of all nationalities the skills and tools useful to understand the developments on a global scale of the issue of urbanism and orient themselves in legal issues affecting the profession. Students will acquire the basic and internationally valid notions of urban planning law as a matter governing as a whole the place (the territory) of the development of life in its multiple aspects. They will be asked to reflect on the possible different approaches of land use, depending on different constitutional, and therefore cultural, frameworks and will reflect on the challenges of globalization and on the new concept of sustainable urbanism. Students will also acquire a basic knowledge of the Italian legal system (notions of administrative law, land governance, urban planning, building activity, public contracts with particular reference to public works), which will always be a starting point for comparisons, where possible, with different legal realities. Students will learn how to find the legal sources relevant to the various topics and to understand their scope and meaning for the purpose of carrying out their professional activities. The teaching aims to provide students with the legal terminology relating to the topics covered.
Knowledge of the fundamentals of urban planning and project theory courses held at the first degree level are an important prerequisite for effective attendance of the course.
Prior knowledge of legal matters is not required. The knowledge necessary for the understanding of administrative law and of the sectoral subject matters will be provided by the professor.
The course aims to provide some basic notions of administrative law with an orientation aimed at the activity of architectural and urban planning. For this purpose, the course is divided into two parts. The first part of the course provides basic notions of administrative law in relation to the following topics: - Nature and function of administrative law in the legal system - Sources of administrative law - Principles of public administration law - Subjective legal situations - Protection of public interests - Administrative procedure and general theory of the administrative act - Principles on public contracts - Responsibility of the public administration and the public official The second part of the course will instead be more focused on urban profiles and will touch on the following topics: - Constitutional principles on urban planning and territorial governance - Private property and urban planning - General urban planning tools - Procurement contract and public procurement regulations - Construction contracts - Building abuses and sanctions
The part of the teaching devoted to the fundamental notions of administrative law will cover the following topics: - The sources of law, with particular reference to those relevant to administrative law and the sectoral subject matters - Administrative law: concept and characteristics of the matter - The principles of administrative law - Public administrations and their organisation - Administrative activity: functions and services - Subjective legal situations and judicial protection - The administrative act: concept, characteristics, types of administrative acts, pathologies - The administrative proceeding - Public contracts - The liability of the administration and public officials The following topics will be covered in the field of sectoral disciplines: - Constitutional principles concerning the governance of the territory - Private property and expropriation - Urban planning - Building activity: types of interventions, building certificates, administrative simplification, etc. - Public works: fundamental notions, realization, entrustment of works - Environmental protection aspects related to the various disciplines of the sector under study Specific attention will be given to these topics: - Globalization: general meaning and its impact on town planning - The concept of sustainable urban planning; global cities; smart cities - The globalization of the cultural heritage; concept of cultural landscape and international protection - Universal challenges for urban planning (social function, gender equality, inclusion etc).
Since students of the degree program generally do not have a previous knowledge of legal subjects, it is strongly recommended to attend classes. Students must base their studies on the syllabus of the academic year in which they intend to sit the examination (regardless of their year of enrolment or of attendance). Students may not base their studies on syllabi and text books referring to past academic years. Students are also advised to check the moodle platform for information on teaching material. If necessary, during the course students will be indicated supplementary readings to update the contents of the slides. It is essential to consult the moodle platform frequently in that this allows students to be informed on any changes in the discipline. Should legal and jurisprudential development make it necessary, during the academic year students will find recommendations on the moodle platform of further reading material to update the contents of the Manuals. Such reading material will be part of the syllabus for examination purposes.
Since students of the degree program generally do not have a previous knowledge of legal subjects, it is strongly recommended to attend classes. Students must base their studies on the syllabus of the academic year in which they intend to sit the examination (regardless of their year of enrolment or of attendance). Students may not base their studies on syllabi and text books referring to past academic years. Students are also advised to check the moodle platform for information on teaching material. If necessary, during the course students will be indicated supplementary readings to update the contents of the slides. Such reading material will be part of the syllabus for examination purposes.
A CURA DEL DOCENTE INCARICATO
Teaching consists of lectures and exercises (mainly research activities aimed at deepening the international issues, related to globalization, as well as encouraging the comparison between different legal systems).
A CURA DEL DOCENTE INCARICATO
The slides, possibily integrated by notes taken in class, in addition to any other supplementary reading from time to time indicated and published on the moodle platform.
Modalità di esame: Prova orale obbligatoria;
Exam: Compulsory oral exam;
... The oral exam will consist of some questions on the program. The evaluation will be expressed with a grade out of thirty.
Gli studenti e le studentesse con disabilità o con Disturbi Specifici di Apprendimento (DSA), oltre alla segnalazione tramite procedura informatizzata, sono invitati a comunicare anche direttamente al/la docente titolare dell'insegnamento, con un preavviso non inferiore ad una settimana dall'avvio della sessione d'esame, gli strumenti compensativi concordati con l'Unità Special Needs, al fine di permettere al/la docente la declinazione più idonea in riferimento alla specifica tipologia di esame.
Exam: Compulsory oral exam;
The oral exam will consist of some questions on the program. The evaluation will be expressed with a grade out of thirty.
In addition to the message sent by the online system, students with disabilities or Specific Learning Disorders (SLD) are invited to directly inform the professor in charge of the course about the special arrangements for the exam that have been agreed with the Special Needs Unit. The professor has to be informed at least one week before the beginning of the examination session in order to provide students with the most suitable arrangements for each specific type of exam.
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