Content

 

I. THE ADMINISTRATIVE DECISIONS (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. THE ADMINISTRATIVE PROCEDURE

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. Initiationof 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. JUDICIAL REVIEW

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. LAW APPLICABLE TO PUBLIC SERVANTS

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

 

 

According to the New Approach, the course of Administrative Law II includes directed and autonomous activities.
										
											
										
											Directed activities consist of a weekly theoretical class and a weekly seminar or classroom activity. The theoretical class is recommended, but attendance is not compulsory; On the other hand, attendance at seminars or classroom activities is mandatory, except in cases of absence due to illness or force majeure duly accredited, and is taken into account in the evaluation.
										
											
										
											The seminars and classroom activities consist of normally oral presentations of readings, sentences, practical cases, etc., prior individual work (autonomous activity) and subsequent discussions developed in groups in the classroom (directed activity).
										
											
										
											The materials for the seminars and classroom activities will be accessible through the Virtual Campus. At the beginning of the course, a Schedule will be posted because the students can have the calendar of the theoretical classes and of the seminars and classroom activities.

The evaluation is based on three activities: a partial exam (midterm exam), with a value between 25 and 40%; the activities carried out in the seminars and classroom activities, with a value between 20 and 40%; and a final exam, with a value between 20 and 50%.
										
											
										
											At the beginning of the course, the teacher in charge of each group will inform the students of the exact value that corresponds to each activity. In the midterm exam and in the final exam, the knowledge acquired both in the theoretical classes and in the seminars and classroom activities are controlled.

The score corresponding to the activities carried out in the seminars and classroom activities will take into account the knowledge and skills used (argumentation, oral presentation skills and teamwork, among others).
										
											
										
											At the beginning of the course, the teacher responsible for each group will inform the students of the type of the partial test and the final exam and the necessary requirements to be able to take the re-evaluation. The assessment of the revaluation will include the contents of both partial and final exams.