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Urban Planning Law 2017/2018

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

Objectives

1. Acquire a global view of Urban Planning Law;
2. Understanding the underlying legal regimes to Urban Planning Law;
3. Gain knowledge of urban plans, their legal regime and execution;
4. Gain knowledge of the legal regime of land expropriations for public purposes;
5. Gain knowledge of the Legal Regime of Urban Development and Urban Construction.

Recommended Prerequisites

Administrative Law I e II.

Teaching Metodology

In order to abide by the requirements regarding curricular development and meet the objectives proposed, the following teaching/learning methodologies are proposed: The expositive component, applicable to all the programme’s objectives not forgetting the debate of ideas and the expressions of well founded opinions, together with the critical analysis of legislation, decision and other documents. The practical component that focuses on solving the suggested practical cases thus allowing a very close contact with reality. In paralell to this process, the student is given incentives to conduct research and his/her autonomous study is promoted.

Body of Work

1. The URBAN PLANNING LAW.
2. ADMINISTRATIVE ORGANIZATION OF URBAN.
3. LEGAL REGIME OF TERRITORIAL MANAGEMENT TOOLS.
4. PUBLIC UTILITY RESTRICTIONS.

Recommended Bibliography

OLIVEIRA, Fernanda Paula, Direito do Urbanismo Do
CORREIA, Fernando Alves, Manual de Direito do Urbanismo, Volume I, 4.ª edição, Coimbra, 2012.

Complementary Bibliography

AMARAL, Diogo Freitas do, “Apreciação da dissertação de doutoramento do licenciado Fernando Alves Correia, «O Plano Urbanístico e o Princípio da Igualdade»”, in Revista da Faculdade de Direito da Universidade de Lisboa, volume XXXII, 1991, p. 91-105;
CONDESSO, Fernando, Direito do Urbanismo. Noções Fundamentais, Lisboa, 1999;
CORREIA, Fernando Alves, O Plano Urbanístico e o Princípio da Igualdade, Coimbra, 1990;
CORREIA, José Manuel Sérvulo, “O novo regime jurídico da urbanização e da edificação: um primeiro balanço”, in AA VV, O Novo Regime Jurídico da Urbanização e da Edificação, Lisboa, 2002, p. 17-24.

Weekly Planning

WEEKS 1-2

Presentation of the discipline:
- General considerations about the curricular unit’s programme;
- Bibliography;
- Considerations on the teaching methodology;
- Considerations on the assessment methods;

I. URBAN PLANNING LAW
- Concept;
- Object;
- Nature;
- Distinction between urban planning law and regional planning;
- “Urban planning’s Constitution”;
- Urban Planning Law’s constitutional principles.

WEEKS 3-4

II. ADMINISTRATIVE ORGANIZATION OF URBAN PLANNING
- The fundamental principles of the administrative organization of urban planning;
- Entities, organs and services with attributions and competences in the field of urban planning;

III. LAND MANAGEMENT INSTRUMENTS’ LEGAL REGIME (until Weeks 11-12)
- The types of plans
- The functions served by the plans
- Plan elaboration procedure: the municipal plans in especial
- Material content of municipal plans

WEEKS 5-6
- Material content of municipal plans
- The links between the plans and the combination or harmonization between the respective norms

WEEKS 7-8
- Precautionary measures of municipal and special regional planning plans
- The plans’ dynamics
- Urban plans and the equality principle
A) The dimensions of relevance of the equality principle regarding plurisubjective planning
B) The compensatory equalisation of benefits and charges resulting from municipal plans

WEEKS 9-10
- Resolving practical cases
- Assessment test n. 1

WEEKS 11-12
- The plans’ execution
A) The systematic and non-systematic execution
B) Execution systems
C) Execution units
D) Plans’ execution instruments
E) Interest conciliation procedures regarding plan execution
- Plan violation
- Plan litigation

WEEKS 13-14
IV. PUBLIC PURPOSE RESTRICTIONS
- Brief analysis of the following regimes: National Agricultural Reserve (RAN); National Ecological Reserve (REN); Natural 2000 Network.
- Administrative curtailment of ownership and public purpose restrictions.
- Land expropriations for public purposes.
- Resolving practical cases.
- Assessment test n. 2.

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

The above stated syllabus was created in view of allowing the students to achieve the above mentioned objectives at the end of the semester, having between them the following correspondence:
Objective Syllabus topic
1 Chapter I
2 Chapter II and III
3 Chapter IV, V
4 Chapter V
5 Chapter VI

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

Regarding all learning outcomes, the following is used: in the theoretical component the expositive method with debate of ideas and the articulation of wheel founded opinions; in the practical component the resolution and discussion of practical cases. In order to acquire a global view of Urban Planning Law, understand the underlying legal regimes and gain knowledge of urban plans and their legal regime and execution, gain knowledge of the Legal Regime of Urban Development and Urban Construction it is equally necessary to resort to the critical analysis of legislation, as well as resolving practical cases.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYes 
Analytical and synthetic skillsYes 
Commitment to qualityYes 
Event organization, planning and managementYes 
Problem Analysis and AssessmentYes 
Research skillsYes 
Self-assessmentYes 
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