Economic Law

Code:

D306

Acronym:

DE

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2022/2023 - 1S (since 12-09-2022 to 16-12-2022)

Active?	Yes
Course/CS Responsible:	Law

Cycles of Study/Courses

Acronym	No. of Students	Study Plan	Curricular Years	Credits UCN	Credits ECTS	Contact hours	Total Time
LDB	185	Novo Plano Oficial do ano letivo 2016	3	-	6	-

Teaching language

Portuguese

Objectives

The course covers a range of subjects (the economic constitution, state intervention in the economy, freedom of competition and circulation) traditionally taught in law and economics faculties under the nalme of Economic Law. Its functional separation from other similar courses answers the didactical need of studying some very relevant matters that, for one reason or another, end up not being included in those courses' syllabuses - or, when they are, end up being superficially studied.

Learning outcomes and competences

The students are expected to identify the main questions related to public intervention in the economy and the regulation of competition, and the solutions found within portuguese and EC law.

Working method

Presencial

Pre-requirements (prior knowledge) and co-requirements (common knowledge)

Not applicable.

Program

Part I: Introduction and economic constitution

Title I: Introduction
1. Definition of Administrative Economic Law
2. The particularities of Administrative Economic Law rules
3. Historical perspective of the iontervention public powers in the economy
Title II: The economic constitution
1. General definitions and historical perspective
2. The fundamental principles of the portuguese economic constitution
2.1. The democratic principle
2.2. The effectiveness of economic, social and cultural democracy
2.3. The importance of the classic fundamental economic rights
2.4 The coexistence of public and private economic iniciative, and of different sectors of property of  means of production
2.5. The public property of natural resources and means of production
2.6. The planning of economic activity
2.7. The economic and social cohesion within the national territory
2.8. The market economy and the freedom of competition
3. The classic fundamental economic rights
3.1. The freedom to choose and exercise a profession
3.2. The freedom of enterprose
3.3. The right to private property, especially the constitutional guarantee to the property of means of production
3.4. EU fundamental economic freedoms versus classic fundamental economic rights

Part II – Competition Law

1. Origins and foundations of Competition Law
2. Sources of competition law: national Vs. EU rules
3. The articulation between national and EU institutions
4. Public enforcement and private enforcement of competition law
5. Subjects outside the scope of Competition Law
6. The definition of the relevant market
7. The concept of undertaking in Competition Law
8. Restrictive pactices: a) horizontal agreements
9. Restrictive practices: b) vertical agreements
10. Restrictive practices: (c) abuse of a dominant position
11. The control of mergers and acquisitions
12. State aid

Mandatory literature

João Pacheco de Amorim; Direito administrativo da economia
Eduardo Paz Ferreira; Lições de direito da economia
António Carlos dos Santos; Direito económico. ISBN: 978-972-40-5536-7
Miguel Moura e Silva; Direito da concorrência. ISBN: 978-972-629-185-5
Carlos Botelho Moniz; Lei da concorrência anotada. ISBN: 978-972-40-5990-7
Manuel Porto; Lei da concorrência. ISBN: 978-972-40-7192-3
Richard Whish; Competition law. ISBN: 978-0-19-883632-2
Ioannis Lianos; Competition law. ISBN: 978-0-19-882654-5

Teaching methods and learning activities

Subjects will be taught in theoretical lectures; practical classes are aimed at the discussion of some specific issues and students' doubts. All classes are in portuguese.

Evaluation Type

Distributed evaluation without final exam

Assessment Components

Designation	Weight (%)
Teste	100,00
Total:	100,00

Amount of time allocated to each course unit

Designation	Time (hours)
Frequência das aulas	50,00
Estudo autónomo	50,00
Total:	100,00

Eligibility for exams

Not applicable

Calculation formula of final grade

The final mark will be the average of the marks in two partial tests, the first regarding Part I of the syllabus, the second to Part II.

Examinations or Special Assignments

Not applicable.

Internship work/project

Not applicable.

Special assessment (TE, DA, ...)

General regulations apply.

Classification improvement

General regulations apply.