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Administrative Law II 2017/2018

  • 6 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment

Objectives

The program will take a close look at and study the scope of administrative jurisdiction, the organization of administrative courts and how they operate and the respective legal procedure. Since this is a reform we are referring to, it is worthwhile and necessary to start with a dogmatic construction that sheds light on and increases understanding of the topics to be discussed. Special attention will be given to studying special administrative action and the string of new questions regarding the object of the administrative procedure, legitimacy and carrying out of sentences. Because administrative justice is guided by the principle of full and effective jurisdictional protection, it is extremely relevant to understand the role played by administrative judge, as well as the proof, namely in the provisional measures.

Recommended Prerequisites

Constitutional Law and Administrative Law

Teaching Metodology

Theoretical classes: Exposition of the contents of the discipline, use of case-studies.
Practical classes: The students have to solve practical exercises (invented and collected from real trialed cases).

Body of Work

I. ADMINISTRATIVE ACT
1.Conceito and structural elements of the administrative act
2.Kind of administrative acts
3.validity and effectiveness of the administrative act: respective addictions
4.Revocation,anulation, suspension or amendment of administrative acts
5.Act execution
6.The procedure

II. THE ADMINISTRATIVE REGULATION
1.Notion and species regulations
2.Distiction between regulation, law and administrative act
3.Elements and limits of regulatory power
4.Competência and shape
5. Publication and effective
6. validity and effect
7. Regulate procedure

III. THE ADMINISTRATIVE CONTRACT
1. essential categories of public contracts
2. The Parties
3. The pre-contractual administrative procedure
4. The contractual legal relationship
5. The invalidity of the administrative contract

IV - THE ADMINISTRATIVE RESPONSIBILITY
1. Historical evolution and risk society
2. The new regime of tort

V- WARRANTIES OF ADMINISTRATIVE PRIVATE

Recommended Bibliography

N/A

Complementary Bibliography

N/A

Weekly Planning

WEEK 1
Presentation of the course and its syllabus. Bibliographic references.

WEEK 2
ADMINISTRATIVE ACTIVITY AND JUDICIAL REVIEW
I - An administrative act
1.Concept administrative act. A threatened legal category?
2.Elements structuring of the administrative act

Practice: Review of the given matter.

WEEK 3
3.Types of administrative acts
4.Types acts according to the content
5.Types acts according to the nature of the power exercised
6.Types acts for the purpose of impugnabilidade

Practices: Practical examples.

WEEK 4
7.Validade and effectiveness of the administrative act
8.The invalidity of administrative acts. Absolute and relative Antijuridicidade.
The special case of irregularities

Practice: Review of the subject taught using practical examples.

WEEK 5
9.The vices of the administrative act
10.Legal consequences (nulity and annulability).

Practices: resolution of practical cases.

WEEK 6
11.RevogaTION, suspension or amendment of administrative acts
12. The implementation of the administrative act

Practices: resolution of practical cases.

WEEK 7
II - The administrative regulation
Introductory 1.Considerações. The particular law of Directors
2.Noção and species regulations

Practices: Practical Examples of regulations.

WEEK 8
3.Distinction between regulation and law
4.Distinction between regulation and administrative action
5.Fundamentos the regulatory power

Practice: Review of matter given in lecture

WEEK 9
6.Limits the regulatory power
7.Competence and shape
8.Publication and effectiveness of regulations

Practices: Practical examples.

WEEK 10
III - The administrative contract

1. The administrative contract as typical shape of Directors of action.
2.Types essential administrative contracts
3. The pre-contractual administrative procedure

Practices: Revisions with practical examples.

WEEK 11
4. The contractual legal relationship
5. The invalidity of administrative contract

Practices: resolution of practical cases.

WEEK 12
IV - The administrative responsibility
1.General
Historical 2.Development and risk society

Practices: Brief Review about the subjects taught in lecture

WEEK 13
3. The new regime of non-contractual liability of the State and other public bodies
4.Principais innovations
5.Conclusões

Practices: resolution of practical cases

WEEK 14
Administrative guarantees for private
Practices: Guarantees the CPA: case studies

WEEK 15
Answering questions
Practices: Revision of the subjects taught

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

In line with the Program, it is a discipline essential for the formation of any lawyer, seeking to provide the necessary competencies, both theoretical frameworks, as the jurisprudential practice.

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

Theoretical classes: Exposition of the contents of the discipline, use of case-studies.
Practical classes: The students have to solve practical exercises (invented and collected from real trialed cases).

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Information and learning managementYesYes
Problem-solvingYesYes
Written and verbal communications skillsYesYes
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