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Administrative Law I 2017/2018

  • 6 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

That the student is able to:
- Learn an overview of administrative law;
- Understand the foundations and evolution of administrative law;
- Understand the importance of European administrative law as a method and how to tell a new general theory of management science;
- Know the administrative organization and the relationship between the Administration and the Law, as well as analyze and apply the respective legislation to legal problem-solving;
- Identify and distinguish the general principles of administrative activity and forms of action;
- Understand and operate the administrative procedure;
-Know And apply to cases of life administrative guarantees of individuals.

Recommended Prerequisites

Constitutional Law

Teaching Metodology

To comply with the required in curriculum development and to meet the proposed objectives, the following teaching / learning methodologies are followed:
- The lecture, which applies to all program objectives, which is not dispensed the debate of ideas and the expression of well-founded opinion, with the review of legislation, judgments and other documents.
- The classes allow close contact with reality with the analysis of relevant legislation and its implementation, where appropriate, to problem solving and case studies.

Body of Work

I - Introduction
1- The Public Administration, a changing reality
2 Genesis and development of Administrative Law

II - The Administrative Organization
1. Regulatory principles
2- Organic Structure
3 Sectors of administrative organization

III - Public interest, administrative power and administrative function
1 Principles structuring
2- The forms of administrative activity
3. The central role of the procedure in government activity

Recommended Bibliography

AMORIM, João Pacheco, Bravo, Bárbara Magalhães, Teixeira Fréderic, Manual de Direito Administrativo Geral, introdução e organização administrativa, 1ª ed, Coimbra, Almedina, 2017 (no prelo)
AMARAL, Diogo Freitas, Curso de Direito Administrativo, volume I, Coimbra, Almedina, 4.ª ed., 2015
DIAS, Figueiredo e OLIVEIRA, Fernanda Paula, Noções Fundamentais de Direito Administrativo, Coimbra: Livraria Almedina, 4.ªed, 2015
ALMEIDA, Mário Aroso, Teoria Geral do Direito Administrativo, O novo regime do código do procedimento Administrativo, Coimbra: Livraria Almedina, 3ª ed, 2016, ISBN: 9789724057712

Complementary Bibliography

ANTUNES, Luís Filipe Colaço, A ciência Jurídica Administrativa. Coimbra: Livraria Almedina. 2016 (reimpressão). ISBN 9789724049052
CAUPERS, JOÃO Introdução ao Direito Administrativo, 11.ª ed., Lisboa, Âncora 2013 ISBN 9789727802463
OTERO, PAULO, Legalidade e Administração Pública - O sentido da vinculação administrativa à juridicidade, Coimbra, Almedina, 2011, ISBN 9789724019536
MOREIRA, VITAL, Administração Autónoma e Associações Públicas, Coimbra, 1997 (última edição)
QUADROS, Fausto. A nova Dimensão do Direito Administrativo Português na Perspectiva comunitária. Coimbra: Livraria Almedina. 2001. ISBN 9789724011707

Weekly Planning

WEEK 1:
1 . Presentation of the course and its syllabus. Bibliographic references
WEEK 2:
I - INTRODUCTION
1. Public Administration, a changing reality: the phenomenon of desadministrativização
2. Definition of Public Administration
3. Management Systems: executive administration and judiciary
4. The administrative function of state functions
5. Genesis and development of administrative law. The administrative law
Practice: Analysis criticizes the matter taught in the lecture.
WEEK 3:
6. Definition of Administrative Law
7. The Europeanisation of Administrative Law as a method and how to tell a new general theory
8. Constitutional Foundations of Administrative Law Portuguese
Practices: Critical analysis of the matter taught with analysis of the precepts of CRP and relevant CPA.
WEEK 4:
9. The sources of Administrative Law. The phenomenon of coding and supranationality.
Practice: Analysis criticizes matter taught in lecture
WEEK 5:
II - THE ADMINISTRATIVE ORGANIZATION
1. Definition of administrative organization
2. Constitutional principles of administrative organization
Practice: Analysis criticizes the matter given to analysis of the precepts of CRP and relevant CPA
WEEK 6:
3. The elements of the administrative organization
4. Tasks, skills and legitimacy
Practice: Analysis criticizes the matter given to analysis of the relevant provisions of the CPA.
WEEK 7:
5. inter-subjective relations and interorgânicas
Practices: Legal Troubleshooting.
WEEK 8:
6. direct, indirect and autonomous administration. The independent administrative authorities.
Practices: Legal Troubleshooting and analysis of all legislation relating to the administrative organization.
WEEK 9:
7. The private exercise of public functions
8. Public Administration privately
Practices: Legal Troubleshooting and analysis of judgments.
WEEK 10:
III - PUBLIC INTEREST, POWER AND ADMINISTRATIVE ADMINISTRATIVE FUNCTION
1. Public interest, proportionality and merit
2. The forms of administrative activity
3. The structuring principles of administrative activity
Practices: Critical analysis of the matters addressed.
WEEK 11:
4. The administrative discretion as a distinctive element of Administrative Law
Practice: Application of matter taught in lectures and applying the case study.
WEEK 12:
5. The key role of the procedure in government activity: a substantial notion of procedure
6. The procedure in the various legal forms of administration activity
Practices: The procedure in CPA- analysis of the relevant provisions.
WEEK 13:
7. Structure of the procedure: procedural stages
Practices: legal problem solving.
WEEK 14:
8. Conclusion of the matter taught in the previous paragraph
Practice: Placing issues and discussion of the matter taught in the theoretical class.
WEEK 15:
Answering questions
Practice: Review of taught material and answering questions.

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

The seizure of the overview of Administrative Law and understanding of the foundations and evolution is achieved by studying the points I. Also the importance of European administrative law as a method and how to tell a new general theory of management science is achieved by the study of Part I of the program.

To the knowledge of the administrative organization and the relations between the Administration and the Law, as well as analyze and apply the respective legislation to legal problem solving is accomplished through the study of point II.
We have to identify and distinguish the general principles of administrative activity and ways of working and to understand and operate the administrative procedure can be reached through the study of Part III of the program. Similarly, knowledge and application to cases of life of administrative safeguards for individuals can be reached through the study of Part III of the program.

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

For all learning objectives using the lecture method with brainstorming and well-founded opinion of expression.

To better grasp an overview of administrative law with an understanding of its fundamentals and developments beyond the lecture method proceeds to an analysis of legislation in particular the administrative constitution.
To the knowledge of the administrative organization of relations between the administration and the law, the general principles of administrative activity and forms of action there shall be a thorough study of the respective legal instruments on the application to the case study and the analysis of some judgments.
The understanding and implementation of the administrative procedure and knowledge of administrative guarantees of particular demands of the respective legislation critical analysis using the legal problem solving and study of some judgments.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYes 
Problem Analysis and AssessmentYesYes
Problem-solvingYesYes
Written and verbal communications skillsYesYes
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