Law of Guarantees Administered – Instituto Politécnico de Coimbra

Base Knowledge

Contemporary Constitutional Law and General Theory of Administrative Law, curricular units taught in the 1st and 2nd semester, respectively, of the Degree in Solicitors and Administration.

Teaching Methodologies

Classes will be taught through the exposition of theoretical content and its practical application. The teaching and learning methodologies aim at the integrated development of students in the knowledge referred to in the syllabus and the achievement of the established objectives and competences. The use of this teaching system implies an active participation of students in terms of study and oral intervention on the subjects taught. The teacher/student and student/student dialectic is accentuated, creating synergies of bi-directional communication geared towards reflection and discussion.

Learning Results

Objectives:

The curricular unit aims at the acquisition of knowledge by students of the legal framework of the means that function as protection or defense of those administered within the scope of legal-administrative relations.

Skills:

Through this curricular unit, students must acquire/develop skills related to the interpretation and application of legal-administrative norms to the resolution of concrete cases.

Program

§ 1. MANAGEMENT GUARANTEES

1. Warranties in General

2. Political Guarantees

3. Administrative Guarantees

4. Complaint to the Ombudsman

5. Litigation Warranties

§ 2. IMPUGNATORY ADMINISTRATIVE GUARANTEES

1. General regime:

a) Object

b) Types of guarantees

c) Nature

d) Grounds

e) Legitimacy

f) Deadlines

g) Effects on terms and acts

2. Specific regime:

a) Complaint

b) Hierarchical Resource

c) Special Administrative Appeal

§3. ADMINISTRATIVE LITIGATION

CHAPTER I – THE SUBSTANTIAL DOMAIN OF ADMINISTRATIVE JUSTICE

1. The substantial delimitation criterion

2. Administrative legal relationships

3. Subjective legal positions of individuals and the Administration

CHAPTER II – THE FUNCTIONAL DIMENSION OF ADMINISTRATIVE JUSTICE

1. Negative material delimitations arising from the functional perspective of administrative justice

2. The functional limits of administrative justice

CHAPTER III – THE ORGANIC SCOPE OF ADMINISTRATIVE JUSTICE: THE ADMINISTRATIVE JURISDICTION

1. The scope of the constitutional reservation of administrative jurisdiction

2. The legal delimitation of the scope of administrative jurisdiction

CHAPTER IV – THE ORGANIZATION OF THE ADMINISTRATIVE JURISDICTION

1. The standardization of the organization of administrative courts

2. Administrative courts

3. The division of competences between the administrative courts

CHAPTER V – THE GUARANTEE OF EFFECTIVE JURISDICTIONAL GUARDIANSHIP

1. The right of access to administrative courts and the principle of effective judicial protection

2. The main process forms

3. Backlog of orders

4. The value of administrative causes

CHAPTER VII – PROCESSING OF ADMINISTRATIVE PROCEEDINGS

Articulated phase – initiative and first contradictory

Sanitation phase, instruction and allegations

Trial phase: the sentence and the publicity

The special case of priority progress processes

CHAPTER VIII – ADMINISTRATIVE ACTION

1. Objection of administrative acts

2. Condemnation to practice an act due

3. Actions related to standards

4. Actions relating to the validity and execution of contracts

5. Other requests

6. Actions against individuals

7. Interadministrative actions

CHAPTER IX – URGENT PROCEEDINGS

1. Urgent administrative action

2. Subpoenas

CHAPTER X – PREVIOUS PROCEEDINGS

1. Characteristics of precautionary protection

2. The fullness of protection: the universality of the accepted measures

3. The precautionary decision

4. The content of the precautionary decision: the need and suitability of the decreed measure

5. The provisionality and temporality of the decision and content

6. The urgency and summary of cognition

7. The structural instrumentality of the process and the reversibility of the providence

8. The effectiveness of the process and decision

9. The early decision of the main proceedings in the precautionary proceedings

10. The provisional decree of the precautionary measure

11. Special cases

CHAPTER XI – THE EFFECTS AND LEGAL STRENGTH OF JUDGMENTS

1. Judgments in the administrative process

2. The effects of judgments annulling administrative acts

3. The subjective limits of res judicata in administrative actions

4. The extent of the effects of sentences

CHAPTER XII – GENERAL PRINCIPLES OF ADMINISTRATIVE LITIGATION

1. The system of procedural principles

2. The principles relating to the promotion or procedural initiative

3. Principles related to the scope of the process

4. Principles relating to procedural pursuit

5. Principles relating to proof

6. Principles relating to procedural form

Curricular Unit Teachers

Armando Ferreira Soares Veiga

Internship(s)

NAO

Bibliography

Main Bibliography:

ALMEIDA, Mário Aroso De; CADILHA, Carlos – Commentary on the Code of Procedure in Administrative Courts. Coimbra : Almedina, 2021

AMARAL, DIOGO FREITAS – Administrative Law Course. Coimbra : Almedina, vol. II, 2018

ANDRADE, José Carlos Vieira – Administrative Justice. 19th ed. Coimbra : Almedina, 2021

OTERO, Paulo, “Administrative challenges”, Cadernos de Justiça Administrativa, n.º 28, 2001

QUADROS, Faust; ET AL. – Comments on the Review of the Administrative Procedure Code. 2nd ed. Coimbra : Almedina, 2022

SAMPAIO, Jorge Silva; COIMBRA, José Duarte – Second Degree Administrative Procedures at CPA. In Comments on the Code of Administrative Procedure. Lisbon : AAFDL, 2020.

Complementary Bibliography:

AAVV, Changing Administrative and Fiscal Justice, Almedina: Coimbra, 2013

ALMEIDA, Mário Aroso, “The implications of substantive law of the reform of administrative litigation”, Cadernos de Justiça Administrativa, 2002

ALMEIDA, Mário Aroso, Manual of Administrative Procedure, Almedina: Coimbra, 2022

ANDRADE, José Carlos Vieira, “In defense of hierarchical appeal”, Cadernos de Justiça Administrativa, n.º 0, 1996

FONSECA, Isabel Celeste, “Rethinking administrative challenges between the effectiveness of the process and the unit of administrative action”, Cadernos de Justiça Administrativa, n.º 82, 2010

FONSECA, Isabel Celeste M. – Course in Theoretical-Practical Administrative Procedural Law. 2nd ed. Coimbra : Almedina, 2022

OLIVEIRA, António Cândido, “The “silence” and the “last word” of Public Administration”, Cadernos de Justiça Administrativa, n.º 19, 2000

SILVA, Vasco Pereira, Administrative Litigation on the Psychoanalytic Divan – Essay on Actions in the New Administrative Process, Almedina: Coimbra, 2013