Degree | Type | Year | Semester |
---|---|---|---|
2500786 Law | OB | 2 | 2 |
It is highly recommended to have passed the course of Administrative Law I to be able to study Administrative Law II.
The legal position of the Administration and its administrative action. The formal guarantees of the administered. The administrative procedure. Administrative appeals. Contentious-administrative jurisdiction. The civil service.
I. THE A D M I N I S T R A T I O N S ACTS
T E M A 1
The administrative act. Concept. Subjective and objective elements. Requirements: production, motivation and form. Classes: resolutory and procedural; favorable and encumbrance; express and presumed; regulated and discretionary; acts that put and do not put an end to the administrative process; firm and confirmatory. Administrative acts of other public authorities. Political or government acts. Separable acts
. T E M A 2
The principle of self-management. Declaratory self-guardianship: the presumption of validity of administrative acts. Executivity. The effectiveness of administrative acts. Conditions of effectiveness: notification and publication. General conditions for the practice of notifications. Electronic notifications.
T E M A 3
Obligation to resolve. Suspension and extension of the maximum period for resolving and notifying. Administrative silence. Administrative silence in proceedings initiated at the request of a party. Lack of express resolution in ex officio proceedings.
T E M A 4
Validity and invalidity of administrative acts. Nullity as a matter of right: circumstances. Annulability and nondisabling irregularities. Conversion, conservation and validation. Limits on the extent of invalidity and voidability.
I I. A D M I N I S T R A T I O N O F T H E P R O C E D I T I O N
T E M A 5
The administrative procedure: concept and purposes Types of procedures. The procedure and e-government. The interesting ones in the procedure: concept, identification and signature systems, representation and electronic registers of proxies. The rights of data subjects and citizens in their relations with public administrations. Abstention and challenge of authorities and staff in the service of administrations. The language of proceedings. Records and archiving of documents. Terms and computation.
T E M A 6
The structure of theadministrative procedure. Initiation of the procedure: ex officio and at the request of one of the parties. The adoption of provisional measures. The organisation and conduct of the procedure: the file, allegations, evidence, reports, public information, hearing and motion for a resolution. Termination of the procedure: decision, withdrawal, waiver of the right and lapse. Conventional termination. Simplified processing of the common administrative procedure. The particularities inherent in the responsible declaration and communication.
T E M A 7 Executive self-guardianship. The enforceability of administrative decisions. Means of enforcement. Heritage pressure. Subsidiary run. Coercive fine. Compulsion about people. Prohibition of possessory actions.
III. THE REVIEW OF ADMINISTRATIVE ACTS
T E M A 8
Ex officio review of invalid acts. The declaration of wrongfulness of acts that can be annulled. Revocation of acts. Correction of errors. Limits of the review.
T E M A 9
General characteristics of administrative remedies: purpose, standing, acts subject to appeal, general characteristics of administrative remedies: purpose, standing, acts subject to appeal, causes and prohibition of reformatio in pejus. Type of appeal: appeal, replenishment option and the extraordinary appeal for review. Appeals and suspension of enforcement of the contested decision. The possibility of substituting, by law, the appeal and / or reinstatement by other procedures of challenge, complaint, conciliation, mediation and arbitration,
IV. ADMINISTRATIVE CONTENTIOUS JURISDICTION
T E M M A 1 0
Scope, scope and limits of the contentious-administrative jurisdictional order. Courts and tribunals of the contentious order. Competition rules. The parties in the process: legitimation, representation and defence. Object of the action: actionable measures and provisions and types of ordersought.
T E M A 1 1 Contentious-administrative proceedings. The lodging of an appeal and a claim against the file. Precautionary protection: the request for suspension of the act appealed against and other precautionary measures. Complaint and defence. Try it. View and conclusions. The sentence and its execution. The costs of the proceedings. The abbreviated procedure. Appeals against judicial decisions: appeal and cassation. The special litigation process for the protection of fundamental rights
V. P U B L I C A L A F U N C I ON
T E M A 1 2
The function and its historical evolution. Classes of civil servants: career civil servants, temporary staff, temporary staff and managers. Public employment system. Access to the civil service. Selection procedures. Organization of officials into bodies, groups, levels and relationships of positions. The count
At the beginning of the course, the teacher of each group will determine by means of virtual campus or explanation in class the concretion and scheduling of the theoretical and practical sessions.
The teaching methodology and the evaluation may undergo some modification depending on the restrictions to the attendance that the health authorities impose
Title | Hours | ECTS | Learning Outcomes |
---|---|---|---|
Type: Directed | |||
Practical classes: alumni exposicions, resolved cases, comment on jursprudència .... | 22.5 | 0.9 | 1, 2, 13, 14, 5, 6, 7, 3, 12, 17, 16 |
Theoretical classes | 22.5 | 0.9 | 1, 6, 10 |
Type: Autonomous | |||
Different readings: articles, jurisprudence ... | 28 | 1.12 | 1, 2, 13, 6, 3, 12, 16 |
Preparation, writing and presentation of different activities | 23 | 0.92 | 2, 13, 14, 5, 7, 3, 12, 17, 16 |
study | 44 | 1.76 | 1, 2, 6, 10, 8 |
The evaluation model is continuous and has the formative objective that the students and the faculty can know the degree of achievement of the competences to guide the formative process.
The practical activities carried out throughout the course will represent 30% of the final grade. The partial exams will count 40% of the final grade
At the beginning of the course the teacher responsible for the subject will inform the students of the practical activities that will be carried out throughout the course and those that will be taken into account for the continuous evaluation.
Students will also be informed of the type of exam (test, short questions, ...). Likewise, information will be provided on the conditions to be able to access the re-evaluation.
A student who cheats or try to cheat an exam will have a 0 as a mark. A Student who submits a paper o practical in which there is evidence of plagiarism will have a 0 as a mark and will receive a warning. In case of repetition, the students will fail the subject.
Title | Weighting | Hours | ECTS | Learning Outcomes |
---|---|---|---|---|
First partial exam | 40% | 2.5 | 0.1 | 1, 2, 4, 5, 6, 9, 10, 15, 3 |
Second partial exam | 40% | 2.5 | 0.1 | 2, 5, 10, 7, 3, 12 |
practical cases | 20% | 5 | 0.2 | 1, 2, 13, 14, 4, 5, 6, 15, 8, 11, 7, 3, 12, 17, 16 |
Fuentes Gasó, Josep Ramon y Gifreu Font, Judith (dirs.): Esquemas de procedimiento administrativo. Tomo IX. Ed. Tirant lo Blanch, 2018
Gamero, Eduardo, Fernández, Severiano: "Manual básico de derecho administrativo". Ed. Tecnos, 2019.
García de Enterría, Eduardo y Fernández, Tomás Ramón: Curso de derecho administrativo, Ed. Civitas. Madrid, 2017.
Parejo Alfonso, Luciano: Lecciones de Derecho administrativo, Ed. Tirant lo Blanch. València, 2018.
Sánchez Morón, Miguel: Derecho administrativo: parte general. Ed. Tecnos. Madrid, 2019
Santamaria Pastor, Juan: Principios del Derecho administrativo general. Tomo II, Ed Iustel, 2018.
Trayter, Joan Manel; Derecho administrativo . Parte general. Ed Atelier, 2019