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Administrative Procedural Law 2017/2018

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

Objectives

The student is able to :
- Recognize and distinguish the typical forms of administrative activity - administrative act, administrative regulation and administrative contract ;
- Operationalize the administrative procedure ;
- Describe and apply the different administrative

Recommended Prerequisites

UC frequency of Administrative 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 exempted from the debate of ideas and the expression of well-founded opinion, with the review of legislation , judgments and other documents.
- The practical classes where favors the legal resolution of problems proposed allowing very close contact with reality. Monitor this process encourages the student to research and promotes to its self-study with tutorial support.

Body of Work

Part I - THE ADMINISTRATIVE ACTIVITY
1- The legal forms of administration
2- Regulatory activity
3- The activity aticia
4- The contractual activity

Part II - PROCEDURE OF THE ADMINISTRATIVE ACTIVITY
1- Notion, functions and types of administrative procedure
2- The structure of the procedure
3- The typical procedure of each legal form of action: remission

Part III - THE ADMINISTRATIVE GUARANTEES OF THE PARTICULARS
1- Petitious guarantees and impugnat guarantees
2- The complaint
3- The hierarchical resource

Recommended Bibliography

DIAS, Figueiredo e OLIVEIRA, Fernanda Paula, Noções Fundamentais de Direito Administrativo, Coimbra: Livraria Almedina, 4.ªed, 2015, ISBN: 9789724059518

ALMEIDA, Mário Aroso, Teoria Geral do Direito Administrativo, O novo regime do código do procedimento Administrativo, Coimbra: Livraria Almedina, 2ª ed, 2015, ISBN: 9789724057712

Complementary Bibliography

AMARAL Diogo Freitas. Curso de Direito Administrativo. I. Almedina. 3.ª ed. 2006.ISBN 9789724028057 II. Coimbra: Livraria Almedina. 2.ª ed.2011. ISBN 9789724044071
ANDRADE VIEIRA DE, O Dever da Fundamentação Expressa de Actos Administrativos, Coimbra, Almedina 1991 (última edição)
ANTUNES, Luís Filipe Colaço. A ciência Jurídica Administrativa. Coimbra: Livraria Almedina. 2012. ISBN 9789724049052
CAUPERS João. Introdução ao Direito Administrativo. Âncora Editora. 10ª ed. 2009. ISBN 9789727802463
ESTORNINHO, Maria João. A fuga para o direito privado. Coimbra: Livraria Almedina.2.ªed. 2009. ISBN 9789724009278
GONÇALVES, PEDRO, O Contrato Administrativo, Coimbra, Almedina 2003 (última edição) ISBN 9789724018751

WEBGRAFIA
Jurisprudência administrativa - http://www.dgsi.pt/

Weekly Planning

THEORETICAL CLASSES
Week

1
Presentation.
bibliographical and methodological guidelines .
Indication of the evaluation system and working classes .

two
Part I - THE ADMINISTRATIVE ACTIVITY
1. The legal forms of administrative action
2. The administrative regulation
2.1 Notion and types of regulations

3
2.2- distinction between regulation , law and administrative act
2.3 Basis of regulatory power
2.4- limits of regulatory power .

4
2.5- The regulatory procedure




5
3. The administrative act
3.1- Evolution of the concept of administrative act
3.2- Types of administrative acts

6
3.3- The legal force of the administrative act

7
3.4- Structure of the administrative act
3.5- Validity and Effectiveness of the administrative act

8
3.6- The vices of the administrative act

9
4. The administrative contract
4.1- Concept and main species
4.2- The pre-contractual administrative procedure

10
4.3- validity and effectiveness of the administrative contract
4.4- Implementation of administrative contract
4.5- Modification and termination of the administrative contract

11
Part II- proceduralizing ADMINISTRATIVE ACTIVITY
1-Notion, functions and types of administrative procedure

12
2. The structure of the procedure (procedural stages)

13
Part III- ADMINISTRATIVE WARRANTIES OF HOUSEHOLDS
1- petitionary Warranties and guarantees impugnatórias

14
2. The complaint
3. The administrative appeal

15
Clarification of doubts



PRACTICAL CLASSES
Week
contents
1
Opening of the course.
Presentation of the following methodology.
Indication of bibliography.

3
Analysis of the matter given a practical perspective in particular analysis of constitutional and legal provisions applicable.

4
Brief review of the matter taught in the lecture.

5
Practical examples of the various types of administrative acts.

6
Jurica Troubleshooting. Revocation and cancellation in particular.

7
practical analysis of the matter on the vices donates administrative acts.

8
legal problem solving.
Analysis of some judgments.

9
Analysis of CCP in matters relating to government contracts and in particular the pre-contractual procedure.

10
legal problem solving on the matter already taught.

11
The administrative procedure in the CPA. Analysis of the relevant provisions.

12
Legal Troubleshooting application of all matter already taught.

13
Administrative guarantees CPA. Analysis of the relevant provisions.

14
legal problem solving.

15
Reviews and clarification of doubts.

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

The recognition and distinction of the main manifestations of administrative activity , administrative act , administrative regulation and administrative contract , it reaches through the study of Part I of the program.
The operationalization of the administrative procedure with recourse to legislation can be reached by Part II of the program.
The description and application of administrative guarantees acquired with the study of Part III

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

For all learning objectives using -if the expository method with brainstorming and well-founded opinion expression.
To recognize and distinguish the typical forms of administrative activity - administrative act, administrative regulation and administrative contract and appropriate legal framework and to operationalize the administrative procedure and their application to cases of life the use of critical analysis of legislation and judgments is necessary to enable legal problem solving.
To describe and implement the administrative guarantees to legal problem solving is used the use of critical analysis of the respective legislation and its application to individual cases.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledge  
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYesYes
Problem-solvingYesYes
Written and verbal communications skillsYesYes
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