Administrative Law I
Code: 102276 ECTS Credits: 6| Degree | Type | Year |
|---|---|---|
| 2500786 Law | FB | 2 |
Contact
- Name:
- Juan Emilio Nieto Moreno
- Email:
- juanemilio.nieto@uab.cat
Teachers
- Joan Amenos Alamo
- Lluis Cases Pallares
- Marta Franch Saguer
- Isabel Pont Castejón
- Judith Gifreu Font
- Ferran Pons Canovas
- Roser Martinez Quirante
- Carlos Padros Reig
- Juan Emilio Nieto Moreno
- Montserrat Iglesias Lucia
Teaching groups languages
You can view this information at the end of this document.
Prerequisites
No prerequisites need be met.
Teaching will take into account the perspective of the Sustainable Development Goals.
Group 1
Theory: Marta Franch (Catalan)
Seminar 11: Marta Franch (Catalan)
Seminar 12: Juan Emilio Nieto (Spanish)
Seminar 13: Darío Argüello (Spanish)
Group 2
Theory: Judith Gifreu (Catalan)
Seminar 21: Judith Gifreu (Catalan)
Seminar 22: Juan Emilio Nieto (Spanish)
Seminar 23: Ramón Batalla (Catalan)
Group 51
Theory: Marta Franch (Catalan)
Seminar 511: Marta Franch (Catalan)
Seminar 512: To be decided
Seminar 513: Estela Gutiérrez (Catalan)
Group 70
Theory: Roser Martínez (Catalan)
Seminar 701: Roser Martínez (Catalan)
Seminar 702: Montserrat Iglesias (Catalan)
Seminar 703: Roger Cots (Catalan)
Objectives and Contextualisation
Learn the origin, concept and nature of administrative law, its sources and the legal configuration of the public sector.
Competences
- Contextualizing the several forms of creation of law in its historical evolution and its current situation.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
- Identifying, knowing and applying the basic and general principles of the legal system.
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Present information in a way that is appropriate to the type of audience.
- Students must be capable of communicating their points of view in a compelling way.
- Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
Learning Outcomes
- Applying the administrative standards and principles to a concrete case.
- Defining the basic and general principles of the administrative legal system, as well as the administrative standards.
- Defining the evolution of the Administrative Law.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Distinguishing the current state of Administrative Law, its institutions, standards and implementations.
- Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Present information in a way that is appropriate to the type of audience.
- Students must be capable of communicating their points of view in a compelling way.
- Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
Content
i – THE ADMINISTRATION LEGAL ORDER
T E M A 1
Origin and evolution of administrative law. Concept. The statutory nature of administrative law. Content and characteristics of administrative law. Right to privileges and guarantees. Administrative law and private law: the instrumental nature of the public administration's use of private law.
T E M A 2
Administrative law as a legal system: law, custom and general principles of law. The value of the jurisprudence. The Constitution as a legal norm. European law as part of the domestic legal order.
The law. Law classes. Government regulations with the force of law: Decree-laws and Legislative Decrees. The control of the excesses of the delegation.
T E M A 3
The state and autonomic order. Significance and scope of the political autonomy of the autonomous communities. The concurrence regulations between the State and the Autonomous Communities. Basic rules and implementing rules.
Autonomous execution of State legislation. Coordination and cooperation between the two systems. Conflicts of jurisdiction
T E M A 4
The Rules of Procedure. Concept and justification of regulatory power. Regulations and administrative acts. Classes of regulations. Procedure for drafting regulations. Transparency and public participation. The inderogability of the regulations. The limits of the regulations and their control.
II.THE ADMINISTRATIVE ORGANISATION AND THE PUBLIC SECTOR
T E M A 5
Principles of the administrative organisation and of the action and functioning of the public sector. The power
organizational. Administrative units and administrative bodies. Types of organs. The competence of the
organs. Delegation, lawyer, management assignment, delegation of signature and substitution. The relationships
interadministrative. Conflicts of jurisdiction.
T E M A 6
The General State Administration. Principles and structure. Territorial organization. The Administration of the
Autonomous Communities. Principles and structure. Territorial organization. The Local Administration. Local autonomy.
Typology of local entities.
T E M A 7
The institutional public sector. Characterization and general problems. General principles of action. Typology. The
state, regional and local institutional public sector. Corporate governance, especially schools
and the official cameras. The Consultative and Control Administration. The Council of State. The Commission shall
Legal Advisor.
I I I. THE LEGAL STATUS OF THE ADMINISTRATION
T E M A 8
The principle of legality of the Administration. Administrative powers. Regulated powers and powers
discretionary. Techniques for reducing and controlling administrative discretion.
Activities and Methodology
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Theoretical classes | 22 | 0.88 | 2, 3, 5 |
| Seminars and classroom activities | 22 | 0.88 | 1, 4, 5, 6, 7, 8, 9, 10 |
| Type: Autonomous | |||
| Different readings: articles, jurisprudence ... | 24 | 0.96 | 1, 4, 9 |
| Preparation, writing and presentation of different activities | 24 | 0.96 | 1, 4, 5, 6, 7, 8, 9, 10 |
| study | 48 | 1.92 | 1, 2, 3, 5 |
According to the New Teaching Model, the course in administrative law I has guided and autonomous activities.
As for the guided activities, these consist of a weekly theory class and a weekly seminar or classroom activity. Theoretical class is recommended, but attendance is not mandatory; 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. Seminars and classroom activities consist of usually oral presentations of readings, sentences, case studies, ... prior individual work (autonomous activity) and subsequent deliberations developed in groups in the classroom (guided activity).
Materials for seminars and classroom activities are available on the Virtual Campus. A Schedule will be posted at the beginning of the course so that students can have the calendar of the theoretical classes and the seminars and classroom activities.
Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.
Assessment
Continous Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| Final exam | 20% - 50% | 2.5 | 0.1 | 1, 2, 3, 4, 5, 6 |
| Partial exam | 25% - 40% | 2.5 | 0.1 | 1, 2, 3, 4, 5, 8, 10 |
| practical cases | 25% - 40% | 5 | 0.2 | 1, 2, 4, 7, 8, 9, 10 |
1. Continuous assessment
Evaluation activities
The evaluation is based on three activities: a partial exam (midterm exam), with a value of 35%; the activities carried out in the seminars and classroom activities, with a value of 30%; and a final exam, with a value of 35%.
Students will be evaluable as long as he/she has carried out a set of activities whose weight is equivalent to a minimum of 2/3 of the total grade of the subject. If the value of the activities performed does not reach this threshold, the teacher of the course may consider the student as not evaluable.
The dates set for the examinations and the evaluable activities of the seminars are mandatory. Only for reasons that absolutely prevent attendance, duly justified, may be authorized the realization of the activity on a different day. In any case, driving exams and similar cases are not considered as justified reasons.
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. At the beginning of the course, the teacher in charge of each group will communicate to the students the type of the partial test and the final exam (test, questions to be developed, mixed system, etc.). The teacher in charge will also indicate well in advance the penalty for incorrect answers applicable to the test exams.
The score corresponding to the evaluable activities performed in the seminars and classroom activities will take into consideration the knowledge and skills used (ability to solve practical cases, argumentation, oral presentation skills and teamwork, among others). Attendance to the seminars is mandatory. A 0.1 point deduction from the final grade may be applied for each unexcused absence, up to a maximum of 1 point.
A weighted average grade of 5 points is required to pass the course. There is no possibility to do any complementary work or exercise to increase the final average grade resulting from the exams and the evaluable activities of the seminars.
Students who fail the course (i.e., those who have obtained an average grade lower than 5 points out of 10), may apply for revaluation under the conditions indicated in the following section.
Revaluation
The revaluation exam can only be taken by those students who have taken the mid-term and final exams. There is no minimum grade to take the re-evaluation: the re-evaluation tests may be taken by all those who, having taken the mid-term and final exams, have not passed the course.
The content of the re-evaluation will include the contents of the mid-term exam and the final exam.
The teacher in charge of each group will specify the type and structure of the re-evaluation test (test, questions to be developed, mixed system, etc.). It will also indicate the penalty for incorrect answers applicable to the test exams.
The revaluation exam will be held on the date officially determined by the Faculty of Law.
The grade for the revaluation will not consider the grades corresponding to the practical or seminar activities, nor those obtained in any of the mid-term exams.
Students who have had to take the revaluation exam may obtain a maximum final grade of 6 points.
Copy and plagiarism
Any student who copies or attempts to copy in any exam or in the written exercises that take place at the seminars, will receive a final qualification of 0 points in Administrative Law I. In these cases, students will not have the possibility to take the re-evaluation exam. Likewise, students who copy or try to copy in the revaluation tests or exercises, will obtain a qualification of 0 points in Administrative Law I.
Any paper or practical exercise submitted by the students, in which any evidence of plagiarism can be detected, will receive a qualification of 0 points. Students who submit any paper that is deemed to be a case of plagiarism will receive a warning additionally. In the event of a repeat plagiarism misconduct, the student will fail the whole course of Administrative Law I.
2. Single Assessment
The evaluation of the subject is based on three activities: a partial test (midterm exam), with a value of 35%; a final exam, with a value of 35%; and a practical exam with a value of 30%.
All the evaluation activities will take place in the date set for the final exam of the continuous assessment system.
The student will be evaluable as long as he/she has carried out a set of activities whose weight is equivalent to a minimum of 2/3 of the total grade of the subject. If the value of the activities performed does not reach this threshold, the teacher of the course may consider the student as not evaluable
Any student who copies or attempts to copy in any exam, will receive a final qualification of 0 points in Administrative Law I. In these cases, students will not have the possibility to take the revaluation exam. Likewise, students who copy or try to copy in the re-evaluation tests or exercises, will obtain a qualification of 0 points in Administrative Law I.
Revaluation: The revaluation in single assessment follows the same procedure as for the continuous assessment.
Review of final qualifications: The review of the final qualifications follows the same procedure as for the continuous assessment.
Bibliography
It is necessary to follow the subject with a manual. The following are especially recommended (in bold those considered basic bibliography):
Miguel Sánchez Morón, Derecho administrativo. Parte general, ed. Tecnos, Madrid, 19 ed., 2023.
Eduardo Gamero Casado, Severiano Fernández Ramos, Manual básico de Derecho administrativo, ed. Tecnos, Madrid, 20 ed., 2023.
Joan Manuel Trayter Jiménez, Derecho administrativo. Parte general, ed. Atelier, Barcelona, 8ª ed., 2023.
Luciano Parejo Alfonso, Lecciones de Derecho Administrativo, ed. Tirant lo Blanch, Valencia, 12 ed., 2022.
It is a common fact that during the month of September, at the beginning of the course, new editions appear. The teacher in charge of each group will report accordingly.
Other manuals:
Eduardo García de Enterría, Tomás-Ramón Fernández, Curso de Derecho Administrativo I, Civitas, Cizur Menor, 20 ed., 2022.
Silvia del Saz y Xavier Arzoz Santisteban. Derecho Administrativo I: Sistema de fuentes y organización administrativa. Tirant lo Blanch, Valencia, 2024.
Juan Alfonso Santamaría Pastor, Principios de Derecho Administrativo General. Vol. I, Iustel, Madrid, 6 ed., 2023.
José Esteve Pardo, Lecciones de Derecho administrativo, Marcial Pons, 11 ed., 2024.
David Blanquer Criado, Introducción al Derecho Administrativo. Teoría y 150 casos prácticos resueltos, 5ª ed, Tirant lo Blanch, Valencia, 2023..
Manuel Rebollo Puig, Diego J. Vera Jurado, Derecho Administrativo, Tecnos, Madrid, Tom. I, 5ª ed., 2023.
Palomar, Alberto y Fuertes, Javier: Práctico contencioso-administrativo. Vlex España. Available at the digital library of the UAB.
Software
The subject does not require any specific software.
Language list
| Name | Group | Language | Semester | Turn |
|---|---|---|---|---|
| (TE) Theory | 1 | Catalan | first semester | morning-mixed |
| (TE) Theory | 2 | Catalan | first semester | morning-mixed |
| (TE) Theory | 51 | Catalan | first semester | afternoon |
| (TE) Theory | 70 | Catalan | second semester | morning-mixed |