Special Administrative Law
Objectives
The Administrative Law II course unit aims to provide students with a deep and specialised knowledge of certain legal-administrative issues already based on the students' knowledge of general Administrative Law.
This semester will focus on two main study topics relevant to Administrative Law: (i) public procurement and (ii) civil liability of the State and Public Entities.
Alongside these two main study topics, reference will always be made to Administrative Procedure, a core category of Administrative Law and of its relevance both in the public cprocurement and in civil liability of the State and Public Authorities.
Regarding public contracts, we will study in detail their formation and execution regime, and, regarding the civil responsibility of the State and Public Collective Persons, we will approach relevant aspects of this legal regime starting from the civil basis matrix and working on the specificities associated to the exercise of the administrative function, to the exercise of the political-legislative function and to the exercise of the jurisdictional function.
In particular, students must be able to analyse in a detailed and critical way the public contracts formation procedure, its main phases and formalities, concluding on the validity and effectiveness of the contracts resulting from that procedure and on the corresponding execution regime.
It is also intended that the students know in detail the regime of civil liability of the State and public legal persons, being able to identify, depending on the circumstances, the relevant nexus of imputation of responsibility and the corresponding damages obligation.
General characterization
Code
28103
Credits
4
Responsible teacher
Vera Eiró
Hours
Weekly - Available soon
Total - 3
Teaching language
Available soon
Prerequisites
Available soon
Bibliography
Available soon
Teaching method
Every week there will be a three-hour block of theoretical-practical classes where the subject matter will be taught and practical cases related to the subject matter will be resolved. Students will be encouraged to participate in class, make presentations of judgments and discuss judgments and case studies. Attendance is always optional.
Each block of subjects (civil liability and public procurement) will be subject to an autonomous examination.
Evaluation method
[Still subject to confirmation by the Scientific Council].
It is intended that the assessment will be made by separate examination - through continuous assessment - testing first the matters of public procurement and then those related to civil liability.
Subject matter
Part I. Public Procurement.
1. Introduction to Public Procurement.
2. International law framework.
3. The publicprocurement directives. Direct effect of the directives' provisions. Guided tour through the directives.
4. The principles of public contracting.
5. Systematic organization of the CCP.
6. Subjective scope of application of the CCP
7. Objective scope of application of the CCP.
8. Special or excluded sectors.
9. The bidders and the candidates.
10. The proposals
11. Causes of impediment
12. Public procurement procedures. Direct award. Prior consultation. Public tender. Limited invitation to tender by prior qualification.
13. Conclusion of the contract and causes of non awarding. Awarding and qualification.
14. Administrative contracts (delimitation).
15. Basic models of administrative contracts.
16. Administrative contracts on the exercise of public powers / Administrative contracts of collaboration.
17. Public contracts of special sectors and the application of Part III of the CCP. The powers of the public contracting party.
18. Performance of administrative contracts. Objective amendment and subjective amendment of the contract.
Part II. Civil liability of the State and public legal persons.
Liability for the exercise of administrative functions:
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 faulty service( faute du service)
4. Liability for unlawful and culpable acts
5. Liability for risk and imposition of sacrifice
6. Liability for the exercise of political-legislative function
7. Compensation for sacrifice
8. Liability for the exercise of judicial function