European Law and Regulation
Objectives
he academic course "Administrative Law of Regulation" aims to impart to students a solid and comprehensive knowledge of the main doctrinal and practical issues that arise, in a cross-cutting manner, in the phenomenon of regulatory administrative activity. Regulation is understood in its broadest sense, as the phenomenon of public intervention that, more than just proactively pursuing the public interest, aims to guarantee or safeguard it subsidiarily, where it becomes evident that this public interest is not adequately protected by the private individuals involved in a particular sector - such as telecommunications or food safety.
The program closely follows the essential chapters of general administrative law (and the most basic of administrative procedural law), problematizing them in light of different questions that arise in regulatory administrative activity. The program is divided into five parts. After analyzing the sources of administrative law of regulation and clarifying the essence of its conceptual framework, the program will cover the administrative organization of regulation, regulatory administrative activity - including issues related to the procedure, forms of administrative action, and administrative discretion - the use of public and private assets in the exercise of regulatory activity, and finally, some topics related to regulatory litigation.
At the end of the course, students should be able to:
- know and understand, from a juridical-administrative perspective, the problems that arise cross-cuttingly in regulation
- be able to reflect, argue, and independently investigate the themes of the course
General characterization
Code
33285
Credits
4
Responsible teacher
Filipe Brito Bastos
Hours
Weekly - Available soon
Total - 112
Teaching language
Available soon
Prerequisites
Not Applicable
Bibliography
Not Applicable
Teaching method
The learning methodologies will be interactive and dialogical. Critical analysis and debate on jurisprudence, doctrine, and legislation will be central in guiding the classes and the learning process as a whole
Evaluation method
Evaluation: Two Possible Methods
Final Written Exam
OR
Cumulatively, Continuous Assessment Test and Written Assignment (with the higher grade prevailing from both assessment moments, provided that both grades are positive)
The written assignment will address a topic of the student's choice but must apply the acquired knowledge to a theme or case study in sectoral regulation (e.g., the addition of ancillary clauses to authorizations for the introduction of medicines to the market; cooperation between ANACOM and ERC in the audiovisual domain; or urgent procedures in data protection)
The written assignment should have between 2500 and 4500 words (absolute maximum), including footnotes, but excluding the cover page, table of contents, and bibliography and jurisprudence list.
The written assignment can take the form of either a paper or a case annotation
Subject matter
1 Introduction: Regulation from the perspective of administrative law
a) Concepts of regulation and administrative law of regulation
b) Purposes of regulation
c) Classification of regulation
a. Regarding the Branch of Law: Regulatory Private Law vs Public (and Administrative) Law of Regulation
b. Regarding regulators: self-regulation vs hetero-regulation
c. Regarding the object: regulation of products, services, professions, and networks
d. Regarding public interests: competition, risks, social values, and fundamental rights d) Sources
2 Regulation and Administrative Law
a) Constitutional and European law framework
b) Administrative organization
a. Direct administration. Case study: ASAE and product compliance monitoring
b. Indirect administration. Case study: INFARMED and drug regulation
c. Autonomous administration. Case study: professional orders and regulated professions
d. Independent administration.
e. Multilevel cooperation
c) Instruments
a. Administrative act
i. Authorizing acts. Case study: the Services Directive and restrictions on imposing authorizations for service provision
ii. Determinative acts. Case study: information requests
iii. Inspection acts
iv. Sanctioning acts
b. Administrative regulation. The issue of legality in shaping free enterprise.
c. Administrative contract. Case study: railway concessions
d. Material operations, soft law, informal actions, nudges, recommendations, and warnings
e. Prior notification
d) Topic 1: regulation, science, and technique
e) Topic 2: risk regulation
f) Topic 3: regulation of scarce resources
g) Topic 4: regulatory sandboxes
3 Regulatory Administrative Law (stricto sensu)
a) Specific characteristics of Administrative Law of Regulation
b) Historical, constitutional, and European law framework
c) General principles of regulation according to (administrative) European law
d) Independent Regulatory Authorities
a. Organic
b. Purpose and meaning of independence
c. Multilevel cooperation of IRAs
e) Procedures and powers
a. Atypicality and enabling rules of final programming
b. In particular, dispute resolution
c. In particular, decisions made within complaint procedures
d. In particular, sanctioning power and procedure
e. In particular, regulatory power and procedure
f) Topic 1: regulatory discretion (specifically?)
g) Topic 2: network regulation
h) Topic 3: guarantee and shaping of rights
i) Topic 4: legitimacy problems
j) Topic 5: administrative transparency
k) Topic 6: litigation
Programs
Programs where the course is taught: