Administrative Law

Code:

D201

Acronym:

DADM1

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2004/2005 - A

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
D	105	Official Study Plan - LD	2	-	13	-

Objectives

Administrative Law is a branch of public law that is concerned with the legal control of decisions and actions of governmental agencies and officials, and those of non-governmental bodies which affect the public.
The emphasis of the course is on the principles and procedures of administrative law relating to the review of such governmental and non-governmental administrative action.
The fundamental objective of the course is to give students an understanding of the various principles and procedures and their practical application. This will be achieved primarily by means of an analysis of the relevant decided cases, legislation, and academic writings.

Administrative Law I aims to give students a general sufficiently thorough insight into Administrative Law in general, with the deeper analysis of specific branches of Administrative Law (known as special Administrative Law) being dealt with in other courses (Administrative Law II, Environmental Law, Law of Urbanism, etc.). Thus the program followed, presented by the Course Coordinator, Professor Alves Correia, develops the following basic points: Introduction, an approach to the notion of public administration, administrative law, administration systems and the historical development of administrative law; Part I deals with the position of the administration vis-à-vis private law, the relationship of the administration with public law, administrative discretion and the sources of administrative law; Part II concerns administrative organisation, in all its breadth and complexity; Part III concerns the activity of administration, and involves an in-depth study of administrative regulation, administrative acts and administrative contracts. These are the “typical” forms of operation of the administration, with the administrative act being the centrepiece.

Program

INTRODUCTION
1. Notion of Public Administration.
2. Evolution of Public Administration.
3. The “birth” of Administrative Law.
4. The Administrative Function in the Context of State Functions.
5. Systems of Administration.
6. Concept of Administrative Law.

Part I
THE ADMINISTRATION AND THE LAW
1. The Administration and Private Law.
2. The Relationship of the Administration with Public Law.
3. Administrative Discretion.
4. Sources of Administrative Law.
PART II
ADMINISTRATIVE ORGANISATION
1. Elements of Administrative Organisation.
2. Systems of Administrative Organisation.
3. Types of Interorganic Functional Relations.
4. Constitutional Principles of Portuguese Administrative Organisation.
PART III
ADMINISTRATIVE ACTIVITY

1st Administrative Regulation
1. Concept..
2. Classification..
3. Foundation of Regulatory Power.
4. Regulations and the Constitution.
5. Limits of Regulatory Power.
6. Holders of Regulatory Power.
7. The Principle of Individual Non-revocability of Regulations.
8. Procedure and Form of Regulations.

2nd The Administrative Act
1. Legal Facts in Administrative Law.
2. The Activity of Private Individuals in Administrative Law.
3. Concept of the Administrative Act.
4. Analysis of the Concept of the Administrative Act.
5. Classification of Administrative Acts.
6. Notion and Classification of Instrumental Acts.
7. Administrative Procedure.
8. Efficacy of the Administrative Act.
9. Legal Force of the Administrative Act.
10. The Administrative “Case Decided” (or “Resolved”).
11. Structure and Defects of the Administrative Act.
12. Validity of the Administrative Act.

3rd The Administrative Contract
1. Admissibility of Administrative Contracts.
2. Notion of Administrative Contract.
3. Types of Administrative Contracts.
4. Formation of the Administrative Contract.
5. Regime of the Administrative Contract.
6. Invalidity of the Administrative Contract.

Main Bibliography

SOARES, Rogério Erhardt – Direito Administrativo (polic.), Universidade Católica
.– Direito Administrativo (Lições), Coimbra, 1978
– Princípio da Legalidade e Administração Constitutiva, in “Boletim da Faculdade de Direito de Coimbra”, Vol. LVII (1981), p. 161 ff.;
– Administração Pública e Controlo Judicial, in “Revista de Legislação e Jurisprudência”, Year 127, Nº 3845, p. 226-233.
CORREIA, Fernando Alves – Alguns Conceitos de Direito Administrativo, Coimbra, Almedina, 1998.
QUEIRÓ, Afonso Rodrigues – Lições de Direito Administrativo, Vol. I, Coimbra, 1976;
– A Função Administrativa, in “Revista de Direito e de Estudos Sociais”, Year XXIV, Nº 1-2-3, p. 1 ff.;
– Teoria dos Regulamentos, in “Revista de Direito e de Estudos Sociais”, Year XXVII, Nº 1-2-3-4, p. 1 ff., and Year I (2nd Series), Nº 1, p. 5 ff.
AMARAL, Diogo Freitas do – Curso de Direito Administrativo, 2nd ed., Vol. 1, Coimbra, Almedina, 1998.
GONÇALVES, Pedro – Contrato Administrativo (cyclostyled.), Coimbra, 1998.

Complementary Bibliography

BASIC LEGISLATION: Code of Administrative Procedure.

Teaching methods and learning activities

The combination of theorical and practical classes permits a valuable interchange between theoretical and practical knowledge, and is thus an important part of the learning process, giving the student the chance to experience and ponder in a more considered and thorough way the knowledge that has already been imparted to him/her.

Software

Text Files made available.

Evaluation Type

Eligibility for exams

Not considered.

Calculation formula of final grade

Obtained as a result of the rules enforced in FDUP.

Examinations or Special Assignments

Not considered.

Special assessment (TE, DA, ...)

General Law and rules enforced in FDUP.

Classification improvement

Obtained as a result of the rules enforced in FDUP.