Portuguese Administrative Law

Recommended Prerequisites

Luso-Brazilian Constitutional Law I and II.

Teaching Methods

Teaching is supported in theoretical-practical content lessons, using expository methods and the presentation and discussion of practical exemples, further deepening students' knowledge and stimulating students' critical thinking abilities.

Learning Outcomes

- Provide an overview of Administrative Law, studying the various meanings of the concept of public administration, the historical evolution of Public Administration and Administrative Law

- Study the relations between the Public Administration and the Private Law and Public Law

- Analyse the administrative organization, with particular focus in the Portuguese Administration

- Review the  administrative activity legal forms or instruments, specifically the administrative regulation, the administrative act and the administrative contract.   

Work Placement(s)

No

Syllabus

INTRODUCTION

1. Basic concepts

2. Public Administration historical evolution

3. The principle of the separation of powers

4. Different state functions

PART I - ADMINISTRATIVE ORGANIZATION

A – Organic structure of the Public Administration

B – Sectors of Administrative organisation

PART II - THE ADMINISTRATION AND THE LAW

1. The Public Administration and the Private Law

2. The Principle of legality

PART III - THE FORMS OF ADMINISTRATIVE ACTIVITY

CHAPTER I - THE ADMINISTRATIVE REGULATIONS

1. Concept

2. Classification

3. Grounds of the regulatory power

 CHAPTER II - THE ADMINISTRATIVE ACT

1. The concept of administrative act

2. Functions of administrative acts

3. Classification of administrative acts

4. The administrative procedure

CHAPTER III - THE ADMINISTRATIVE CONTRACT

1. From the problem of legal admissibility to the consecration as a general instrument of administrative activity

2. The concept of administrative contract

3. Types of contracts. 

Head Lecturer(s)

Fernanda Paula Marques Oliveira

Assessment Methods

Assessment
Exam: 100.0%

Bibliography

Fernanda Paula Oliveira / José Eduardo Figueiredo Dias, Noções Fundamentais de Direito Administrativo, Almedina, 5.ª ed., 2017

José Carlos Vieira de Andrade, Lições de Direito Administrativo, Imprensa da Universidade de Coimbra, 4.ª ed., 2015.