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Politecnico di Torino
Academic Year 2015/16
02NSEPW, 02NSEJM, 02NSELI, 02NSELJ, 02NSELL, 02NSELM, 02NSELN, 02NSELS, 02NSELU, 02NSEMC, 02NSEMN, 02NSEMO, 02NSEMQ, 02NSENX, 02NSENZ, 02NSEOA, 02NSEOD, 02NSEPC, 02NSEPI, 02NSEPL, 02NSEPM
Institutional system for urban and territorial government
1st degree and Bachelor-level of the Bologna process in Territorial, Urban, Environmental And Landscape Planning - Torino
1st degree and Bachelor-level of the Bologna process in Mechanical Engineering - Torino
1st degree and Bachelor-level of the Bologna process in Automotive Engineering - Torino
Espandi...
Teacher Status SSD Les Ex Lab Tut Years teaching
Giuffrida Armando ORARIO RICEVIMENTO     49.5 10.5 0 0 10
SSD CFU Activities Area context
IUS/10 6 D - A scelta dello studente A scelta dello studente
Esclusioni:
11CWH; 02CWH
Subject fundamentals
The course aims at giving to the students a systematic approach to the legal and institutional framework in which they will develop their professional work, that is a knowledge of the institutional system for urban and territorial government in Italy and basic elements of European Institutions.
Expected learning outcomes
–Basic knowledge of the constitutional principles
–Basic notions about the institutional levels of government and their competences in Italy
–Basic knowledge of the European Institutions
–Basic knowledge of planning laws
–Familiarity with an appropriate legal vocabulary
Prerequisites / Assumed knowledge
Basic knowledge of the history and the institutional system of Italian State since the unity of Italy (knowledge supplied by high school programmes).
Contents
A) General part of public law and administrative law
– The Italian administrative law and its regulations.
– The principles of international law and their relevance in the domestic administrative law.
– European Law and its normative sources. European Administrative Law – basic notions. Regulations and Directives.
– The subjective legal situations relevant to the administrative law: subjective right, legitimate interest, widespread interest, etc.
– The administrative function: Constitutional and European principles. Functioning, Organisation and Activities of the Public Administration.
– The administrative Procedure.
– The administrative act and its elements. The administrative measure: characters, types and classifications. The administrative silence.
– The diseases of administrative act.
– The self-defenses of the public administration.
– The exercise of consensual administrative powers: the so-called administrative agreement.
– The negotiating activity of public institutions.
– The civil, criminal and administrative liability of the officials and civil servants and of the public institutions.
– The current system of local government: Regions, Provinces and Municipalities. New Title V of the Italian Constitution.
– The administrative appeals.
– The jurisdiction of the ordinary courts and administrative courts.


B) Part of town planning law:
– The property and private property: the concept of good; classification of goods; public goods; the circulation of goods in a legal sense. The concepts of private property, possession and detention. The real rights on the property of others.
– Private property in urban planning and expropriation: the constitutional basis of the expropriation, the relationship between urban planning and expropriation. The formal expropriation and the substantial expropriation.
– The municipal planning general: planning standards; the plan variants; the municipal areas planning (the urban plan of the traffic and the regulation of parking); the multi-annual plan implementation; the manufacturing plan.
– The implementation of municipal planning: the detailed plan; the development plan and town planning consent; the plan area for affordable housing and popular; the recovery plan; the plan for production sites.
– Supra-wide planning area: crisis and changes in land use planning tools; the need for connection and coordination with the socio-economic planning; the role of the province in planning processes; territorial provincial plan and its relationship with the city planning municipal.
– The supra-sectoral planning: the planning of mountain communities; the landscape plan (changing from Galasso’s law to the Code of Landscape and Cultural Heritage); the planning of parks.
Texts, readings, handouts and other learning resources
In addition to notes taken during class, it is essential to the understanding of the regulatory framework drawn from the Italian Constitution, the law n. 241/1990 and by the Civil Code.
For the exam is also expected to know the following volumes, only the parts indicated below:
- General part of Public Law and Administrative Law:
A. CROSETTI, A. GIUFFRIDA, Elementi di diritto amministrativo, Giappichelli, 2012 (Part One: everything; Part Two: everything except chap. XVI, Part Three: only ch. XIX, except paragraph 3, 4 , 5, 9, and XX, except par. 8, 10, 12; Section Four: all chap. XXIII, except par. 9, 10, 13)
- Special part of Urban Law:
F. SALVIA, Manuale di diritto urbanistico, Cedam, 2012 (only pages 3-144 and 239-289).
Assessment and grading criteria
Oral examination. Written exercises in favor of the students attending the course are planned; the results can be considered positive in the final evaluation of learning.

Programma definitivo per l'A.A.2015/16
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