Administrative Law
Objectives
In the discipline of Administrative Law students should be able to understand the modern administrative activity essentially centered on a State that performs multiple functions through multiple stakeholders.
Students should be able to fully identify the stakeholders of the administrative activity and the instruments in which this activity is to be performed.
In particular, students should be able to examine in detail and with a critical view, the administrative procedure, its main stages and formalities, allowing them to reach the relevant conclusions as to the validity and effectiveness of the legal acts resulting from that procedure and corresponding legal regime.
General characterization
Code
27106
Credits
8
Responsible teacher
Vera Eiró, Filipe Brito Bastos
Hours
Weekly - 6
Total - 72
Teaching language
Portuguese
Prerequisites
Not Applicable
Bibliography
Please see Portuguese version above.
Teaching method
Every week there will be a three-hour block of theoretical-practical classes and a three-hour block of practical classes where practical cases related to the given subject are solved.
Students will be encouraged to participate in classes, to make presentations of judicial decisions and to discuss practical cases. Class attendance is always optional.
Evaluation method
There will be a written exam worth 100% of the grade.
Students can choose to take the intermediate test and participate in classes, thus ensuring a continuous assessment score.
The continuous evaluation will be worth 50% of the final grade in case of an increase of the exam grade.
Subject matter
I - Public Administration and Administrative Law (1st week of classes - 16 September)
1. Administrative Law, Public Administration and Administrative Function.
2. Administrative Law and forms of Public Administration.
3. Scope of Administrative Law
4. Practical exercises
II - Administrative Organization and Administration Resources (2nd week of classes - September 20 [no classes on September 23])
1. Legal persons, bodies and services
2. Administration resources
3. State Administration
4. Autonomous Administration
5. Forms of Indirect Administration
6. Independent administration
7. Interorganic and intersubjective relations: hierarchy, delegation, superintendence, tutelage
8. Practical exercises
III - General principles of administrative activity (3rd week of classes - 27 to 30 September)
1. Fundamental Concepts (public interest, binding and discretionary) 2.
2.Principles of legality
3. Principle of equality
4. Principle of proportionality
5. Principles of justice and of reasonableness
6. Principle of good faith
7. Principle of impartiality
8. Principle of sound administration
9. Practical exercises
IV - Administrative Procedure (4th and 5th week of classes - 7th October , 11th and 14th October [there will be no classes on 4th October]) 1.
1. framework: functional and structural aspects
2. Species of administrative procedures
3. Subjects of the administrative procedure
4. The person in charge of directing the procedure
5. The procedural conference
6. Structure of the procedure: initiative, preparatory phase, hearing of the interested parties, constitutive phase and complementary phase or integration of effects
7. Practical exercises
V - Regulations (6th and 7th week of classes - 18, 21, 25 and 28 October)
1. Concept of regulation - regulation and administrative act
2. Basis of regulatory power: law and regulation
3. Ownership of the regulatory power
4. Form and publicity of regulations
5. Classification of regulations: implementing regulations
6. Relations between regulations
7. Procedure of the regulations
8. Effectiveness of regulations
9. Invalidity of regulations
10. Lapsing and repeal of regulations
11. Practical exercises
VI - Administrative Act (8th, 9th and 10th week of classes - 4, 8, 11, 15 and 18 November)
1. Concept and categories - of administrative acts
2. Types of effects of administrative acts
3. Legal force and execution of administrative acts
4. Invalidity of administrative acts
5. Revocation and annulment by the administration - of administrative acts
6. Practical exercises
VII - Contracts (11th week of classes 22 November)
1. The contract in the context of Administrative Law: public procurement regimes and substantive regimes of contracts
2. European Public Procurement Law
3. Public procurement law
3.1 Objective and subjective scope of application
3.2 Principles of public contracts
Typology of contract formation procedures and criteria of choice
4. Substantive regimes of contracts
Scope of the administrative contract
Main categories of administrative contracts
Invalidity of contracts 4.4.
Administrative contracts of collaboration: execution and powers of the public contracting party in the contractual relationship 4.5.
Contract amendment and termination
5. Practical exercises
VIII - Liability for the exercise of administrative function (11th week of classes 25 November)
1. Liability for acts of public management and for acts of private management
2. Distribution of responsibilities between the Administration and its agents
3. Liability for service fault ( faute du service)
4. Liability for unlawful and culpable acts
5. Liability for risk and imposition of sacrifice.
6. Practical exercises
IX - Administrative Guarantees (12th week of classes 29 November and 2 December)
1. Political guarantees
2. Administrative guarantees: in particular, the complaint and the administrative appeals
3. Contentious guarantees (referral)
4. Practical exercises