Public Procurement and Law

Teaching Methodologies

The classes will be eminently expository, with an oral explanation from the teacher accompanied by slides, videos and texts to be discussed in the classroom.

Considering that we are facing a CU of a Master’s degree, this implies that some participatory initiative must take place on the part of the students, which will be encouraged by the teacher, namely through questions raised in the classroom, with oral and written reflections. The resolution of practical hypotheses of the subject at stake will also be provided, based on national and european case-law.

The discussion will also be promoted in a group manner, due to the presentations of papers entrusted to the students.

Given the explanatory manner of the classes, the evaluation – in case they decide to to undergo a continuous evaluation model – will take into consideration the papers and efforts made throughout the semester, as well as a final test. The papers and class participation results will be worth 60% of the final grade, and the test will be worth 40%.

 

Learning Results

With this CU, the students will acquire skills in a very specific area of the Public sector, whose scope is related to the acquisition of goods and services.

The students will learn concepts related to the different types of public contracts and their insertion in Public Financial Law. First of all, they will be able to recognize the concept of public contract, and then move on to studying each of the types of public tender procedures provided for in the Public Contracts Code.

Considering that we are facing an eminently public reality, which will have as a backdrop the satisfaction of the public interest and which should be stripped of any selfish or private constraints, concepts relating to corruption and nepotism will also be transmitted to students, with the purpose of recognizing unlawful circumstances, in the event that they come into professional contact with this area.

Consequently, students will be able to recognize the different types of existing public contracts and their relationship with the State budget, without losing sight of the constitutional and legal principles and objectives that pertain to them.

Program

 

  1. The Administrative Contract.
  2. Subjective scope
  3. The types of procedures and selection criteria.
  4. Excluded contracting.
  5. Contract formation phase
  6. Award stage and conclusion of the contract.
  7. The processing of public procurement.
  8. Brief excursion through corruption and nepotismo related o public procurement.
  9. Brief excursion through public procurement in the European Union.

Internship(s)

NAO

Bibliography

– Gonçalves, Pedro Costa – Direito dos Contratos Públicos, 5.ª Edição, Coimbra: Almedina, 2021;

 – Mealha, Esperança, Jurisprudência Recente do TJUE sobre contratação pública, in Revista Julgar, n.º 35, Maio/Agosto de 2018, Coimbra: Almedina;

– Sánchez, Pedro Férnandez, Direito da Contratação Pública, Volumes I e II, Lisboa: AAFDL, 2020;

-Tavares, Gonçalo Guerra, Comentário ao Código dos Contratos Públicos, Coimbra: Almedina, 2019;

Será oportunamente indicada bibliografia complementar.