Administrative Law II

Code:

D208 I

Acronym:

DA II

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2013/2014 - 2S (since 17-02-2014 to 23-05-2014)

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	222	Oficial Study Plan LD	2	-	6	-

Teaching language

Portuguese

Objectives

The program will take a close look at and study the scope of administrative jurisdiction, the organization of administrative courts and how they operate and the respective legal procedure. Since this is a reform we are referring to, it is worthwhile and necessary to start with a dogmatic construction that sheds light on and increases understanding of the topics to be discussed. Special attention will be given to studying special administrative action and the string of new questions regarding the object of the administrative procedure, legitimacy and carrying out of sentences. Because administrative justice is guided by the principle of full and effective jurisdictional protection, it is extremely relevant to understand the role played by administrative judge, as well as the proof, namely in the provisional measures

Learning outcomes and competences

In line with the Program, it is a discipline essential for the formation of any lawyer, seeking to provide the necessary competencies, both theoretical frameworks, as the jurisprudential practice.

Working method

Presencial

Program

I – THE ADMINISTRATIVE ACT

1. Administrative act: notion

2. Elements of the administrative act

3. Types of administrative acts

4. Validity and efficacy of the administrative act

8. The administrative act’s invalidities

9. The administrative act’s vices

10. The criteria of the European Court of Justice. The Evidenztheorie

12. The enforcement of the administrative act

 

II – THE ADMINISTRATIVE REGULATIONS

1. Introduction

2. Notion and types

3. Distinction between regulation and law

4. Distinction between regulation and administrative act

5. The regulation-making process

 

III– THE ADMINISTRATIVE CONTRACT

1. The administrative contract: notion and types

2. The parties

3. The pre-contractual administrative procedure

4. The administrative contract’s invalidity

5. The contractual litigious

 

IV – THE ADMINISTRATIVE LIABILITY

 

V – THE ADMINISTRATIVE Justice

Mandatory literature

Antunes Luís Filipe Colaço 1952-; A^ciência jurídica administrativa. ISBN: 978-972-40-4905-2
Antunes Luís Filipe Colaço 1952-; A^teoria do acto e a justiça administrativa. ISBN: 972-40-2786-4
Antunes Luís Filipe Colaço 1952-; O^direito administrativo e a sua justiça no início do século XXI. ISBN: 972-40-1532-7
Antunes Luís Filipe Colaço 1952-; Para um direito administrativo de garantia do cidadão e da administração. ISBN: 972-40-1344-8
Amaral Diogo Freitas de; Curso de direito administrativo, I, 3ª ed., Almedina, 2007
Amral Diogo Freitas de; Curso de direito administrativo, II, Almedina, 2011

Comments from the literature

Mandatory and complementary literature, as well supporting texts will be available during the semester.

Teaching methods and learning activities

Theoretical classes: Exposition of the contents of the discipline, use of case-studies.

Practical classes: The students have to solve practical exercises (invented and collected from real trialed cases).

 

keywords

Social sciences > Juridical sciences > Public law > Administrative law

Evaluation Type

Evaluation with final exam

Assessment Components

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

Calculation formula of final grade

Obtained as a result of rules enforced in FDUP.