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Class Public Administration and Administrative Law

  • Presentation

    Presentation

    The Public Administration has undergone profound changes in recent years that make difficult the task of those who have to apply Administrative Law - a branch of public law - which supports the activity of most public entities, regardless of whether they are entities of the Central Administration (direct or indirect) of the State, of the Regional Administration (Regional Departments, belonging, respectively, to the Autonomous Region of the Azores or to the Autonomous Region of Madeira) or of the Local Administration (municipal entities or parishes), not forgetting the independent administrative entities (autonomous of the State ), some of them created by requirement of the constitutional text and others created by the infra-constitutional legislator.
    This Curricular Unit also includes the study of the rules that regulate the activity of the Public Administration, in terms of regulations and administrative acts, including the administrative challenges to which they may be subject.

     

  • Code

    Code

    ULHT11-23569
  • Syllabus

    Syllabus

    1. Public administration

    1.1. Public Administration and administrative activity. Relationship with other functions

    1.2. Historical evolution of Public Administration

    1.3. Administrative organization systems

    1.4. Public Administration Organization

    1.4.1. Notion and species and legal regimes

    1.4.2. Legal persons - assignments

    1.4.3. Bodies - competences or powers

    2. Administrative Law
    1. Law. Public Law. Administrative Law and Administrative Procedure: conceptualization
    2.  Structuring Principles of Administrative Law and their compatibility with constitutionally enshrined principles
        3. Public bodies, bodies and institutions: the decision and deliberation of the bodies
        4. Notifications and access to administrative documents
        5. Forms of public administrative activity: Administrative regulations, acts and contracts: differentiating generalities
        6. Regulations vs Administrative Acts - the administrative procedure

    1.  

  • Objectives

    Objectives

    Understanding the importance of knowledge inherent to administrative law has obviously at the present time to be linked to the study and analysis of the Code of Administrative Procedure whose regulations established therein frame the organization of Public Administration and the exercise of the administrative function and of Public Administration, in particular.

    The study of this fraction of the internal legal order related to Administrative Law - the Code of Administrative Procedure - and the Science of Administration, in particular with the development of Public Administration (organization, functioning, relations with citizens) will give students an understanding of the recognition and diagnosis of public needs, obtaining and allocating the necessary resources and setting priorities, always based on the legal support that frames such activities.

     

  • Teaching methodologies and assessment

    Teaching methodologies and assessment

    - Theoretical classes (expository) interspersed with discussion and analysis of specific topics, in the classroom.

    - Encourage discussion, especially when structural aspects of European Union Law are at stake

    - Encouragement of participation.

    - Two written assessment tests, with a total weight of 90% in the final grade. The remaining 10% of the final grade will reflect class participation and the assessment of the quality of this participation.

    - Final written exam (100%), in accordance with the rules established in the Assessment Regulations of UL –Lisbon University Center.

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  • References

    References

    AROSO De ALMEIDA, Mário - Teoria Geral do Direito Administrativo – o Novo Código do Procedimento Administrativo. 4.ª Edição. Coimbra: Almedina, 2017.

    FONTES, José - Curso sobre o Código do Procedimento Administrativo. 8.ª Edição revista e atualizada. Coimbra: Almedina, 2020.

    ROLO, Nuno Miguel Cunha - Manual de Administração e Governação Pública. Vol. II. Lisboa: AAFDL, Editora, 2020.

    ROLO, Nuno Miguel Cunha - Manual de Administração e Governação Pública. Vol. I. Lisboa: AAFDL, Editora, 2019.

    Legislação:

    Constituição da República Portuguesa (2020), Coimbra: Almedina ou in www.parlamento.pt

    Código do Procedimento Administrativo (DL 4/2015, 7 de janeiro e as alterações introduzidas), in www.pgdl.pt

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