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Trabajo Final de Grado: Clinicum Derecho Público (GED70279)

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
Jordi Abras Carbo Derecho ESP

Prerequisites

Be registered in 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

Proposed activities and workload
In-class sessions: 60% of credits
Guided activities: 20% of credits
Independent study: 20% of credits


COURSE CONTRIBUTION TO PROGRAM

The aim of this subject is to help students specialise in the Public Law area. To this end, the subject will encompass three key areas of Law, including both the theoretical and practical components. Specifically, these areas are: Administrative Law, Finance and Tax Law and Criminal Law.

Given the key role Administrative Law plays in the Public Law field, the content will focus on three critical areas, in particular, expropriation, unlimited liability and the Administration's power to impose penalties and fines.

From this perspective, the aim is for students to acquire practical knowledge of these three areas of Administrative Law as well as their respective fiscal and criminal implications.

Course Learning Objectives

Students are expected to be able to:
1. Understand the norms that are applicable in the corresponding areas.
2. Identify the sources of knowledge for those areas.
3. Acquire research habits suited to those areas.
4. Apply the knowledge acquired to specific cases to obtain rational results.
5. Learn to prepare and draft legal documents whether providing consulting services or preparing for legal actions.
6. Publicly present and defend different legal solutions and opinions.

CONTENT

1. COMPETENCIES

Competency 4: Communicate information and/or knowledge
Competency 3: Make decisions / issue opinions regarding complex situations
Competency 2: Apply the knowledge acquired to achieve results
Competency 17: A focus on service
Competency 6: Strategic and systemic thinking
Competency 7: Time management and planning
Competency 1: Acquire, understand and structure knowledge critically
Competency 5: Ability to learn constantly (life-long learning ability, learning to learn)
Competency 29: Master the necessary skills and competencies required for the legal profession
Competency 12: Self-awareness, self-control and self-confidence
Competency 9: Autonomy, independence, initiative and proactivity
Competency 28: Apply the knowledge acquired to legal practice with a commitment to social and ethical concerns
Competency 19: Teamwork and collaboration

2. CONTENT

A. Unlimited liability
1. Introduction.
2. General assumptions regarding unlimited liability in the Finance and Tax Law areas
3. State liability in the financial and tax areas
4. Liability due to the annulment of a norm or regulation
5. Liability stemming from the non-fulfilment of terms
6. Liability stemming from tax collection
7. Liability stemming from tax audits
8. The administration¿s unlimited liability in the case of bankrupt companies
9. Other situations.

B. The Administration¿s power to impose penalisations and fines
1. Introduction
2. Types of violations
3. Types of penalisations
4. Proceedings to apply penalisations.

C. Expropriation
1. Introduction
2. Proceeding to determine the fair price
3. Rules to determine the fair price.
4. Liability for delays in applying the Law on Expropriation
5. Revaluation

D. Criminal behaviour in the exercise of a public office
1. Introduction
2. Perversion of justice
3. Abandonment of post and neglect in the pursuance of crimes
4. Disloyal custody of documents and breach of secrets
5. Bribery
6. Influence peddling
7. Misappropriation/embezzlement
8. Fraud and illegal taxation.
9. Negotiations and activities which are prohibited to civil servants and represent an abuse in the exercise of their posts
10. Corruption in international trade transactions
11. Illegal expropriation
12. Altering prices in tenders and auctions

E. Fiscal issues related to expropriation, unlimited liability and the administration¿s power to impose penalisations and fines
1. Taxation regarding the fair price
1.1. introduction; 1.2 Article 49 in the Law on Expropriation; 1.3. direct state taxes in the Law on Social Security (LIRPF) and LIS ; 1.4. indirect taxes: LIVA (Law on VAT) and LITP/AJD laws; 1.5. tax on gains from urban property value increases
2. Taxation on compensation stemming from the unlimited liability of the Administration
2.1. treatment of compensation in LIRPF law; 2.2. treatment of compensation in the LIS law; 2.3 treatment in the LIVA law
3. Specialities regarding the administration¿s power to impose penalisations and fines

3. ACTIVITIES

Resolution of various case studies and resolution of a final case study.

Methodology

Sessions will be fundamentally practical in focus, applying the following methodology:

-Lecture by the faculty in charge of the corresponding topic.
-Preparation and resolution of practical case studies related to the syllabus, addressing the different problems related to the three disciplines (Administrative, Tax and Criminal Law).
-Faculty will indicate if the weekly assignments have to be completed in class (daily work) or at home (independent work).

Assessment criteria

Case study resolution: 60%
Final case study resolution: 40%

GENERAL: Students are expected to attend each class session and be punctual. Any unjustified absence shall be penalised. Similarly, students who attend preparatory sessions but do not prepare the case study shall be penalised. Students must justify any absence or tardiness to at least the lead faculty member for the subject.

Students will be assessed on their understanding and assimilation of the content as well as the extent to which they achieve the competencies specified for this subject as indicated here.

CASE STUDY RESOLUTION (60% OF THE FINAL MARK): As explained in the ¿Methodology¿ section, students will be marked for their oral and written resolution of various case studies (responses to a questionnaire, a debate and a ¿hidden question¿). 60% of their final marks will be successive and ongoing based on the different case studies (excepting the final case study) and in-class sessions. Faculty will add up the different marks students receive on these and then divide that sum by the total number of marked activities. Students¿ marks on this component may be penalised due to having missed classes or not being punctual. Similarly, this average may be weighted should students achieve a number of marks above the class average. Students need to obtain a minimum mark of 4 out of 10 on this component to be able to pass the subject.

FINAL CASE STUDY RESOLUTION (40% OF THE FINAL MARK): As explained in the ¿Methodology¿ section, students will all be marked on a final case study resolution, consisting of a written and oral component, representing 40% of students¿ final marks for the class. Students need to earn a minimum mark of 4 out of 10 on this component to be able to pass the subject.

ASSESSMENT CRITERIA: In the different sessions dedicated to the oral/written resolution of the case studies or the final case study, faculty will bear in mind different criteria when assessing the students that intervene initially and when responding: a) their understanding of the facts, the problems and conflict; b) their selection and use of legal sources, jurisprudence or doctrine (when applicable); c) their legal reasoning and foundations; and their oral presentations: organisation, ability to improvise/react; their skill, use of appropriate vocabulary, rhythm and conviction.

Students who do not pass the subject upon completing the final component, will have to re-sit the latter and complete a final case study. Their marks on the latter will have the same weight as outlined above and will be averaged with the other component to determine their final marks.


Students who do not:
1. Pass the subject in the FIRST SITTING for failing to attend class, not completing the established assignments or copying these will not be able to RE-SIT the final component and will thus not pass the subject. Consequently, they will have to register for the entire subject and duly complete all the assignments specified by faculty.

2. Acquire the level of competencies demanded may move on if they pass this subject, but they will not be able to complete the final degree project until acquiring the level of competencies specified for the programme.


Bibliography

If applicable, the reading material will be available via the course website or provided to students prior to the start of the academic year. Similarly, the course website may indicate the readings students are required to complete prior to each class session.

Timetable and sections

Group Teacher Department
Pablo Francisco Navarro Fernández Derecho
Jordi Abras Carbo Derecho

Timetable

From 2018/1/31 to 2018/3/21:
Each Wednesday from 16:00 to 19:00.

From 2018/4/11 to 2018/5/2:
Each Wednesday from 16:00 to 19:00.