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Economic Law 2017/2018

  • 3 ECTS
  • Taught in Portuguese
  • Continuous Assessment

Objectives

By the end of UC students will be able to: know the notion of Law, as well as the main concepts and structures envolved in Law; understand the relationship between Law and the Economy; explain the evolution, object and source of Economic Law; characterize the Portuguese economic system in the light of the constitutional framework; identify the main EU institutions; explain the various fundamental freedoms in economic matters and the competition regime; to indicate the possible ways of state intervention in the economy, by identifying the frames of economic management and explaining how the business sector is made up of the state and the ways of public regulation of the economy.

Recommended Prerequisites

They do not exist

Teaching Metodology

The course is prepared for 15 weeks with 3 classes of 60 minutes per week.
Classes will be mainly theoretical and practical. Once introduced the themes and topics of the matter, there will be room for discussions in class.
When necessary, classes will be theoretical, of expository character, designed to provide students with essential knowledge on the subject.
In the classes put up essentially practical, students will be taught to solve legal problems with the application of theoretical knowledge acquired by developing their understanding of the key aspects of the relevant legal regime.

Body of Work

I. Introduction to Law
II - INTRODUCTION TO ECONOMIC LAW 1. Relationship with the economic and political phenomena. Law's role in the organization and regulation of the economy 2. The characteristics of the modern state - economic model and characteristics of the legal order of liberalism. Characteristics of economic legal institutions 3. The transformations in societies over the centuries XVIII, XIX and XX 4. The economic law: origin, characteristics, sources 5. The internationalization of economies and globalization. Reference to various organizations.
III - THE PORTUGUESE ECONOMIC LAW 1. The Portuguese economic constitution 2. Economic integration and the Community legal order 3. Economic management 4. The producer State. The State's business.
5. The state as regulator. 6. State 7. The incentive regulation 8. Regulation and concentration 9. Competition law.

Recommended Bibliography

I Part

LEITÃO MARQUES, Maria Manuel; RAMOS, Maria Elisabete; PEDROSA,João e FRADE,Catarina, Manual de Introdução Direito - Saber Direito Para Entender o Mercado, Almedina, Coimbra, 2012 - ISBN 9789724049786

MARQUES DA SILVA, Germano, Introduction to the study of Law, 5th edition, Universidade Católica, Lisbon, 2015.

II and III Parts

SANTOS, António Carlos, GONÇALVES, Maria Eduarda and MARQUES, Maria Manuel L., Economic Law, 7th edition, Almedina, Coimbra, 2014, ISBN 9789724055367

Legislation

- Portuguese Republic Constitution, Porto Editora, ISBN: 978-972-0-01198-5

- Civil Code, 17th Edition, Porto Editora, ISBN: 978-972-0-01839-7

- - Other to be indicated and made available by teachers

Complementary Bibliography

JUSTO, A. Santos, Introduction to the study of Law, Coimbra Editora, Coimbra, 2006.

MONCADA, Luís S. Cabral de, Economic Law, Coimbra, Coimbra Editora, 2007.

Weekly Planning

1st Week
I - INTRODUCTION TO LAW
1. Approach to the concept of law: the legal phenomenon; relationship between law and society. Legal rules: specificity over other rules. Sources of law.
Introductory practical class

2 Week
I - INTRODUCTION TO LAW
2. Sources of law
3. Legal standards: characterization, structure, types. Legal protection.
Practical class teaching and interaction with students

3 Week
I - INTRODUCTION TO LAW
4. Interpretation and integration of law.
Practical class teaching and interaction with students

4th Week
I - INTRODUCTION TO LAW
5. Application of legal rules in time and space.
6. The normative production in the Portuguese legal system
Practical class teaching and interaction with students, as well as questions and or clarification of doubts raised by students.

5th Week
I - INTRODUCTION TO LAW
Conclusion
Theoretical and practical classes, as well as questions and or clarification of doubts raised by the students.

6th Week
II - INTRODUCTION TO ECONOMIC LAW
1. The historic nature of the right. Relationship with economic and political phenomena (Economy and the State). Role of law in the organization and regulation of the economy.
Practical class teaching and interaction with students.

7th Week
II - INTRODUCTION TO ECONOMIC LAW
2. The characteristics of the modern state: economic model and characteristics of the legal order of liberalism. Characteristics of the legal and fundamental economic institutes. The legal system and the branches of law.
3. The transformations in societies over the centuries XVIII to XXI.
Practical class teaching and interaction with students.

8th Week
II - INTRODUCTION TO ECONOMIC LAW
4. The economic law: origin, characteristics, sources.
5. The internationalization of economies and globalization. Reference to various international organizations
Practical class teaching and interaction with students, as well as questions and or clarification of doubts raised by the students.



9th Week
II - INTRODUCTION TO ECONOMIC LAW
Conclusion
Practical class teaching and interaction with students, as well as questions and or clarification of doubts raised by the students.

10th Week
III - ECONOMIC LAW
1. The Portuguese economic constitution
2. The regional economic integration and the Community legal order.
Practical class and teacher's interaction with students

11th Week
III - ECONOMIC LAW
3. The Economic Administration.
Practical class teaching and interaction with students, as well as questions and or clarification of doubts raised by the students.

12th Week
III - ECONOMIC LAW
4. The producer State. The State's business.
5. The state as regulator. The economic cooperation.
6. The State incentive: promotion and planning.
Practical class teaching and interaction with students, as well as questions and or clarification of doubts raised by the students.

13th Week
III - ECONOMIC LAW
7. The regulation: access to economic activity, the financial system, consumption, environment, quality, information, advertising, etc.
8. A private organization of the economy. Public intervention and antitrust.
Practical class teaching and interaction with students, as well as questions and or clarification of doubts raised by the students.

14th Week
III - ECONOMIC LAW
9. Competition law: national and EU standards.
Practical class teaching and interaction with students, as well as questions and or clarification of doubts raised by the students.

15th Week
III - ECONOMIC LAW
Conclusions
Approach to the relevant subjects and revisions
Theoretical and practical class with answering questions and doubts raised by the students

Demonstration of the syllabus coherence with the curricular unit's objectives

The programatic contents I are able to provide the student with the basic concepts and structures of Law.
The programatic contents II allow the student to understand the evolution, object and the sources of Economic Law, as well as the relationship between Law and the Economy.
The programatic contents III are able to provide the students with the main aspects of the portuguese economical system, in a constitucional and european context, allowing them to know the fundamental economical freedoms, the competition regime, as well as the possible ways of government intervention in the Economy.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

The expositive method used in classes will be able to equip the students with the contentes that set this Curricular Unit, and the interactive component, assured by a space create in classe to promote raising questions and analysing court decisions, will be essential to a better and quicker learning process of the students.
The analysis of legislation, the study of court decisions and solving practical situations will create the necessary conditions the will allow the studens to know the basic concepts and structures of Law, as well as the relation between Law and the Economy.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledge Yes
Analytical and synthetic skills Yes
Information and learning management Yes
Problem Analysis and Assessment Yes
Problem-solving Yes
Relating to others Yes
Teamwork Yes
Written and verbal communications skills Yes
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