Trabajo Final de Grado: Clinicum Derecho Público

General information

Type:	TFP	Curs:	4	Period:	S semester
ECTS Credits:	6 ECTS

Teaching Staff:

Group	Teacher	Department	Language
	Pablo Francisco Navarro Fernández	Derecho	ESP

Prerequisites

Be registered for the 4th year of the GED programme

Previous Knowledge

Administrative Law I and II, Criminal Law I and II, and Tax Law I, II and III

Workload distribution

Workload distribution:
Classroom-based activities: 60% of total credits
Guided activities: 20% of credits
Independent study: 20% of credits

COURSE CONTRIBUTION TO PROGRAM

The aim of this course is for students to specialise in Public Law. For this reason, linking three highly related areas of the Law is essential. We refer here to Administrative Law which is transversal with respect to the other two areas: Tax Law and Criminal Law. The objective is for students to apply a global and general view to be able to detect the penal and fiscal implications of typical administrative actions such as forcible expropriation, public contracts, and the Public Administration¿s patrimonial liability.

Course Learning Objectives

Students should be capable of:
- Knowing the applicable norms in the corresponding areas.
- Research and apply sources of knowledge from other areas of Law.
- Apply their knowledge to the cases presented to achieve critical results.
- Publicly defend legal solutions and points of view.

Competences

4. Conveying information and/or knowledge
3. Taking decisions / making judgments
2. Application of knowledge to achieve results
17. Service orientation
6. Strategic thought, systematic thought
7. Time Planning and Management
1. Knowledge acquisition, comprehension and structuring
5. Ability for continuous learning Ability to learn continually
29.
12. Self-awareness, self-adjustment and self-confidence
9. Autonomy, independence, initiative, pro-activeness
28.
19. Teamwork and collaboration

4. Conveying information and/or knowledge

3. Taking decisions / making judgments

2. Application of knowledge to achieve results

17. Service orientation

6. Strategic thought, systematic thought

7. Time Planning and Management

1. Knowledge acquisition, comprehension and structuring

5. Ability for continuous learning Ability to learn continually

29.

12. Self-awareness, self-adjustment and self-confidence

9. Autonomy, independence, initiative, pro-activeness

28.

19. Teamwork and collaboration

CONTENT

1. Patrimonial liability of Public Administrations 1. System characteristics and liability requirements. 2. Indemnity: Principle of patrimonial integrity; moment of reference to determine retribution; payment; assessment of personal damage. 3. Taxation for remuneration received. 4. Administrative and contentious-administrative legal proceedings 5. Administration¿s liability for legislative activity: Fiscal proceedings to return amounts received based on annulled norms.
2. Forcible expropriation as a means to transfer property rights. Essential elements of forcible expropriation; taxation and crimes related to forcible expropriation. 1. Concept and bases of forcible expropriation 2. The subjective element in expropriations: expropriated, expropriating and benefitting subjects 3. Objective elements in expropriations 4. Teleological or causal elements: causa expropiandi 5. Formal elements: the expropriation process. Ordinary and emergency proceedings. Expropriation phases: declaration of public use or social interest, agreement on the need to occupy or acquire rights, determining the fair price, payment and taking possession 6. Legal guarantees during expropriations 7. Reversion 8. Forcible expropriation and taxation: Analysis of the different applicable taxes on the transfer of ownership through expropriations: corporate (IS), personal income (IRPF), gains tax on urban property (IIVTNU), real estate property tax (IBI), PATRIMONIAL TRANSFERS. 9. Article 541 in the Penal Code: Illegal forcible expropriation
3. Public sector contracts as a means of acquiring work, goods and services. The impact of Tax Law on public contracts. 1. Subjective area of application of laws governing public sector contracts. 2. Types of contracts: Contracts for works; concession of public works; public service management; collaboration between the public and private sectors; and mixed contracts. 3. Administrative and private contracts; contracts subject to standardised regulations and contracts not subject to standardised regulations. 4. Adjudication proceedings for contracts: Open, restricted, negotiated and competitive dialogue. 5. Contract execution: Contract modification; payment; contract termination; contract cession; and subcontracting. 6. Administrative concessions: Analysis of applicable taxations in terms of VAT and Tax on Onerous Patrimonial Transfers (ITP in Spanish).
4.
5. Crimes related to public contracts 1. Fraud: Fraud and altering prices in public bids and auctions. 2. Crimes against the Public Administration: Malfeasance by public officials and other unjust behaviour; bribery; influence peddling; misappropriation; illegal fraud and taxation; carrying out negotiations and activities prohibited to public servants and abuse of power.

1. Patrimonial liability of Public Administrations

1. System characteristics and liability requirements.
2. Indemnity: Principle of patrimonial integrity; moment of reference to determine retribution; payment; assessment of personal damage.
3. Taxation for remuneration received.
4. Administrative and contentious-administrative legal proceedings
5. Administration¿s liability for legislative activity: Fiscal proceedings to return amounts received based on annulled norms.

2. Forcible expropriation as a means to transfer property rights. Essential elements of forcible expropriation; taxation and crimes related to forcible expropriation.

1. Concept and bases of forcible expropriation
2. The subjective element in expropriations: expropriated, expropriating and benefitting subjects
3. Objective elements in expropriations
4. Teleological or causal elements: causa expropiandi
5. Formal elements: the expropriation process. Ordinary and emergency proceedings. Expropriation phases: declaration of public use or social interest, agreement on the need to occupy or acquire rights, determining the fair price, payment and taking possession
6. Legal guarantees during expropriations
7. Reversion
8. Forcible expropriation and taxation: Analysis of the different applicable taxes on the transfer of ownership through expropriations: corporate (IS), personal income (IRPF), gains tax on urban property (IIVTNU), real estate property tax (IBI), PATRIMONIAL TRANSFERS.
9. Article 541 in the Penal Code: Illegal forcible expropriation

3. Public sector contracts as a means of acquiring work, goods and services. The impact of Tax Law on public contracts.

1. Subjective area of application of laws governing public sector contracts.
2. Types of contracts: Contracts for works; concession of public works; public service management; collaboration between the public and private sectors; and mixed contracts.
3. Administrative and private contracts; contracts subject to standardised regulations and contracts not subject to standardised regulations.
4. Adjudication proceedings for contracts: Open, restricted, negotiated and competitive dialogue.
5. Contract execution: Contract modification; payment; contract termination; contract cession; and subcontracting.
6. Administrative concessions: Analysis of applicable taxations in terms of VAT and Tax on Onerous Patrimonial Transfers (ITP in Spanish).

4. 5. Crimes related to public contracts

1. Fraud: Fraud and altering prices in public bids and auctions.
2. Crimes against the Public Administration: Malfeasance by public officials and other unjust behaviour; bribery; influence peddling; misappropriation; illegal fraud and taxation; carrying out negotiations and activities prohibited to public servants and abuse of power.

Methodology

Classes will be primarily practical in focus, adopting the following methodology:

- Lecture by the faculty responsible for the corresponding topic.
-Preparing and resolving practical case studies related to the subject matter and addressing issues affecting the three areas of law: Administrative, Tax and Criminal Law.
- Faculty will indicate if the weekly assignment is to be completed in class or at home (independent study).

ASSESSMENT

ASSESSMENT BREAKDOWN

Description	%
	40
	60

Assessment criteria

Class attendance is required.

Students will be assessed on their understanding and assimilation of the general concepts and the specific competencies defined for this course. To this end, students are required to participate actively in class and submit the assignments requested by faculty.

During the last class sessions, students will be given a case study encompassing questions related to Administrative, Criminal and Tax Law and discussed in class. One session will be set aside to resolve any doubts students may have, with participating faculty attending to resolve said doubts. In groups, students will attempt to resolve the case study and present their final conclusions to a panel. The final presentation of these is the Final Degree Project.

To pass this course, students must obtain a minimum mark of 4 out of 10 in the ongoing assessment component (weekly case studies).

Students who do not:
1. Pass this course in the FIRST-SITTING due to not attending class, not completing the assignments specified or copying these will not be able to REPEAT THE FINAL CASE STUDY and will thus have to re-take the course, duly completing the activities specified by faculty.
2. Have the level of required competencies may move on to the next year so long as they pass this course but they will not be able to complete the final degree project until they achieve the level of competencies required for the programme.

Bibliography

If required, the reading material for the course will be available on the course website or distributed at the start of the course. Similarly, any specific readings to be completed before each session will be duly published on the course website.

Timetable and sections

Group	Teacher	Department
	Pablo Francisco Navarro Fernández	Derecho

Horari

From 2016/2/3 to 2016/2/17:
Each Wednesday from 9:00 to 13:00.

From 2016/3/2 to 2016/3/16:
Each Wednesday from 16:00 to 20:00. (Except: 2016/3/9 and 2016/3/16)
Each Wednesday from 9:00 to 13:00. (Except: 2016/3/2)

From 2016/3/30 to 2016/5/4:
Each Wednesday from 16:00 to 20:00. (Except: 2016/3/30, 2016/4/6, 2016/4/20 and 2016/4/27)
Each Wednesday from 9:00 to 13:00. (Except: 2016/4/13)

Wednesday 2016/6/29 from 16:00 to 19:00.

Trabajo Final de Grado: Clinicum Derecho Público (GED70279)