Administrative Law

Introduction to Law

Constitutional Law

Theoretical and practical exposition

The aim is to provide students with the basic frameworks, in terms of concepts, principles and normative legal solutions that should be considered more relevant for the understanding of the Portuguese legal system underlying the entire legal-administrative relationship.

Skills to acquire:

-Understand the meaning of Public Administration and its historical evolution

– Understand the framework of the separation of powers and the material separation of State functions

– Know the administrative organization and the constitutional model of Public Administration

– Understand the principle of legality and apply it in practice

– Understand the legal activity of the Administration

– Know the regime of access to Administration documents

PART I – PUBLIC ADMINISTRATION AND ADMINISTRATIVE LAW

CHAPTER I – PUBLIC ADMINISTRATION

1. Prolegomena

1.1. Concept and essential characteristics of Public Administration

1.1.1. Meanings of the expression “Public Administration”:

1.1.1.1. An organic perspective

1.1.1.2. A functional perspective

1.1.1.3. A material perspective

1.1.1.4. A formal perspective

1.2 Notion of Administrative Law

CHAPTER II – HISTORICAL EVOLUTION OF ADMINISTRATIVE LAW

2. Historical evolution of Public Administration

2.1. Medieval times

2.2. Transition to the Modern Era

2.3. The Police State

2.4. Transition to the Liberal Era

2.5. The Liberal Epoch (Liberal Rule of Law)

2.6. The transition to the 20th century and the Social Rule of Law

 2.7. Regulatory or Guarantee State (Post-Social)

 2.8. Current Administrative Law 

CHAPTER III – THE PRINCIPLE OF SEPARATION OF POWERS

3. The principle of separation of powers

3.1 The political sense

3.2 The organizational sense

3.3 The functional and material sense

 CHAPTER IV – MATERIAL SEPARATION OF STATE FUNCTIONS

 4. The material separation of State functions

4.1 Typology of functions

a) Legislative function

b) Administrative function

c) Jurisdictional function

d) Political function

4.2 Material criteria of distinction

CHAPTER V – ADMINISTRATIVE LEGAL RELATIONSHIP

PART II ADMINISTRATION AND LAW

1. Public Administration and Private Law

a) The phenomena of privatization of Public Administration

b) Private law as a limit to lawful administrative activity

c) The use of private law by the Administration

2. The principle of Legality of Administration

a) The binding of the Administration by Public Law

b) The principle of legality of the Administration in sec. XIX

c) Evolution of the principle

d) Current understanding

3. Administrative discretion

a) Binding and discretion as extreme moments in the relationship between the Administration and the Law

b) Basis of discretion: historical evolution

c) The conflicting influence of the principles of the rule of law and the separation of powers in the field of discretion

d) Scope of discretionary power

e) Nature of discretionary power

f) The guarantees of individuals before the discretionary powers

PART III – THE ORGANIZATION OF PUBLIC ADMINISTRATION

CHAPTER I – ORGANIC STRUCTURE OF PUBLIC ADMINISTRATION

 1. Public legal persons

 a) Bodies, holders and agents (special relevance for workers in public functions)

b) The attributions, powers and legitimacy

2. Public services

CHAPTER II – PUBLIC ADMINISTRATION SECTORS

1. State administrations

 2. Autonomous administrations 

3. Independent administration

4. Other sectors of the current administrative organization

5. Administrative organization within the framework of changes in the current Public Administration

6. Problems with the limits of the administrative apparatus

7. Administrative Organization Systems

a) Concentration and deconcentration

b) Centralization and decentralization

CHAPTER III – TYPES OF INTERORGANIC FUNCTIONAL RELATIONSHIPS

1. Hierarchy

 2. Superintendence

 3. Guardianship

 4. Delegation of Powers

CHAPTER IV – THE CONSTITUTIONAL MODEL

1. The principle of debureaucratization

 2. The principle of bringing services closer to the populations

3. The principles of deconcentration and decentralization administration

4. The principles of effectiveness and unity of action of the Administration

5. The principle of subsidiarity

6. The principle of participation

7. The principle of complementarity and collaboration

PART IV – ADMINISTRATION ACTIVITY

CHAPTER I – THE ADMINISTRATIVE PROCEDURE

1. Notion and scope

2. Adjective conception of the administrative procedure

3. Main characterizing notes

4. Importance of the CPA in the administrative procedure

5. Stages of the administrative procedure

CHAPTER II – ADMINISTRATIVE REGULATION

1. Concept

2. Ratings

3. Basis and limits of regulatory power

4. Hierarchy and application of regulations

CHAPTER III – THE ADMINISTRATIVE ACT

1. Concept and functions

2. New clothes for administrative acts

3. Classification of administrative acts

4. Validity and effectiveness of the administrative act

5. The legal force of the administrative act

6. Structure and vices of the administrative act

CHAPTER IV – THE ADMINISTRATIVE CONTRACT – Public Contract and Administrative Contract – Concepts and Regime (Public Contract Code)

Continuous assessment or assessment by final exam.

In the continuous assessment, a written test will be carried out, with a minimum score of 8 values, approximately in the middle of the quarter (30%), and a written scientific paper (70%) must be presented from the second part of the quarter.

In the evaluation by final exam, students undergo an exam that will focus on all the subjects taught.

To obtain approval in the curricular unit, students need to obtain at least 9.5 values.

NAO