Derecho Administrativo I (GED70390)

General information

Type:	OB	Curs:	3	Period:	S semester
ECTS Credits:	5 ECTS

Teaching Staff:

Group	Teacher	Department	Language
	Enric R. Bartlett Castella	Derecho	ESP
	Manuel Férez Fernández	Derecho	ESP

Workload distribution:

- In-class activities: 40% of total credits
- Guided activities: 30% of credits
- Independent study: 30% of credits

This course contributes to the GED Law Programme by explaining Administrative Law from two distinct perspectives: on the one hand, that of public administrations as entities granted specific powers which thereby give them an advantageous position over citizens in order to efficiently serve the public interest; and, on the other, the perspective of individual parties as bearers of diverse rights and duties which may demand that public administrations respect the guarantees established by Law so that administrations' decisions are not arbitrary or lead to situations of defencelessness.

The aims of the Administrative Law I course are for students to achieve the following objectives:

- Be capable of identifying and understanding the specificities of Administrative Law.
- Know and be able to resolve the principal problems posed by the existing Regulations as a source of Administrative Law.
- Distinguish between the different modalities of administrative entities.
- Understand the functioning of administrative proceedings and be able to differentiate the different types of administrative actions that arise from the aforementioned proceedings.

The aim of this course thereby consists of providing students with the appropriate academic training regarding the basic aspects of this branch of Public Law regulating the organisation of public administrations and their relationship with individuals. The course aims for students to be able to acquire, understand and structure this knowledge in a critical manner and be able to develop an awareness of the importance of law as a regulatory system for social relationships. Likewise it aims for students to know and become able to understand in an appropriate manner the principal public institutions in terms of their genesis and combined relationships and also to apply the acquired knowledge underpinned by critical reflection and experience as well as identify, analyse and define the significant elements that constitute a problem or other specific responsibilities related to students' future professional activity.

In addition, the course not only aims for students to acquire the basic knowledge they will need to have at all times, but for them to understand and comment on the administrative laws and the most relevant jurisprudence. Obviously this academic training must subsequently be completed with the study of the courses Administrative Law II and III.

2. Application of knowledge to achieve results

1. Knowledge acquisition, comprehension and structuring

1. Foundations of Administrative Law Topic I: ADMINISTRATIVE LAW: CONCEPT AND HISTORICAL DEVELOPMENT 1. Concept and characteristics of Administrative Law 2. Origin and historical development of Administrative Law: from the Liberal State to today 3. Area of application Topic II: THE CONSTITUTIONAL BASIS OF ADMINISTRATIVE LAW 1. Constitutional conception of public administrations 2. Administrations being fully subject to laws and the Law 3. Court monitoring of public administrations Topic III: THE ADMINISTRATIVE LEGAL SYSTEM 1. Characteristics of the legal-administrative system 2. Written norms: Constitution, European Community norms, laws, decrees-laws and legislative decrees 3. Importance of general Law principles 4. Application of Administrative Law norms Topic IV: REGULATIONS 1. Concept 2. Regulatory power 3. Regulations and other legal figures 4. Types of regulations 5. Regulations as a legal norm 6. Ownership over regulatory powers 7. Regulation content 8. Proceedings in preparing regulations 9. Null regulations

2. The administrative organisation Topic V: GENERAL THEORY ON ADMINISTRATIVE ORGANISATIONS 1. Administrative organisations and Law 2. Organisational power 3. Subjective public figures: Agencies and bodies 4. Competencies 5. Organisational relations Topic VI: NATIONAL GENERAL SERVICES ADMINISTRATION 1. Characteristics and structure of the General Services Administration (AGE) 2. The Government 3. Ministries and their internal structures 4. Peripheral administrations 5. State administration abroad 6. Consulting, coordinating and tracking agencies Topic VII: AUTONOMOUS COMMUNITY ADMINISTRATIONS 1. The AGE's structure as the primary reference. The Catalan example 2. Autonomous Community relations with the Spanish State 3. Autonomous Communities and local administrations 4. Autonomous Communities and the European Union Topic VIII: LOCAL ADMINISTRATIONS 1. Historical development of local administrations 2. Local autonomy 3. Municipalities 4. Provinces 5. Other local entities 6. Inter-administrative relations Topic IX: INSTRUMENTAL AGENCIES 1. Concept and historical development 2. Public organisms and bodies 3. Public Law corporations 4. Public sector private entities 5. The exercise of public functions by private entities

3. Administrative activities: Formal instruments Topic X: ADMINISTRATION ACTIVITIES AND RELATIONS WITH CITIZENS 1. Activities carried out by diverse public administrations 2. The legal situation of citizens in Administrative Law 3. Citizens' general rights when dealing with public administrations 4. Failure of the public administrations to act Topic XI: ADMINISTRATIVE PROCEEDINGS 1. Concept and meaning 2. Historical development and currently valid legislation 3. Proceeding subjects 4. Initiating proceedings 5. Managing and handling proceedings 6. Terminating proceedings 7. Administrative silence Topic XII: ADMINISTRATIVE ACTS 1. Concept 2. Types 3. Political acts 4. Elements of administrative acts 5. Efficacy of administrative acts 6. Nullity of administrative acts 7. Review and revocation of administrative acts

Learning-teaching methodology: lecture classes, cases studies, and completion of exercises/problems.

Teaching modes: Theoretical and practical classes, tutorials, readings and analysis of jurisprudence.

The course is taught above all through lecture classes that prompt students' participation and foster their reasoning abilities. Prior to the explanation of a topic, a plan will be provided that gives an overview of how the topic will be taught and offers a preliminary, general explanation. In addition, students should attend the class equipped with a copy of the up-to-date legislation in order to better follow the faculty's explanations. This practice also prepares students for the use of legal texts.

Likewise, practical classes will be given in which a real case will be examined. The method consists of presenting the case study to the students and then conducting a discussion on the problems posed by the case study. Independently of these case studies, other practical case studies will be set for students to complete on an individual basis.

ASSESSMENT BREAKDOWN

Bibliography:

The reference manual used in this class is by Professor Miguel Sánchez Morón, Derecho Administrativo. Parte General. Similarly, students can also consult the following texts:

- Cosculluela Montaner, L.: Manual de Derecho Administrativo. Ed. Civitas.
- Bermejo Vera, J.: Derecho Administrativo Básico.
- Entrena Cuesta, R.: Curso de Derecho Administrativo, I/1 and I/2.
- García de Enterría, E. y Fernández, TR: Curso de Derecho Administrativo, I and II
- Garrido Falla, F.: Tratado de Derecho Administrativo, I, II and III
- Morell Ocaña, L.: Curso de Derecho Administrativo, I and II
- Muñoz Machado, S.: Tratado de Derecho Administrativo y Derecho Público General, I and II
- Parada Vázquez, R.: Derecho Administrativo. I, II and III
- Parejo Alfonso, L.: Derecho Administrativo. Parte General
- Santamaría Pastor, J. A.: Principios de Derecho Administrativo General, I and II


Additional bibliography:
A codex of Administrative Law

Group	Teacher	Department
	Enric R. Bartlett Castella	Derecho
	Manuel Férez Fernández	Derecho