Fundamentos del Derecho Administrativo (D.Adm.I)

General information

Type:	OB	Curs:	2	Period:	S semester
ECTS Credits:	3 ECTS

Teaching Staff:

Group	Teacher	Department	Language
Sec: A	Manuel Férez Fernández	Derecho	ESP

Group	Teacher	Department	Language
Sec: B	Manuel Férez Fernández	Derecho	ESP

Group	Teacher	Department	Language
Sec: C	Manuel Férez Fernández	Derecho	ESP

Group	Teacher	Department	Language

Workload distribution

Workload distribution:
Proposed activities:

- In-class: 40% of credits
- Directed: 30% of credits
- Independent work: 30% of credits

Course Learning Objectives

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 with an advantageous position in relation to citizens to efficiently serve the public interest; and, on the other, the perspective of individual parties. The latter include titleholders of diverse rights 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.

CONTENT

1. Foundations of Administrative Law Topic I: ADMINISTRATIVE LAW: CONCEPT AND HISTORICAL DEVELOPMENT 1. Administrative Law concept and characteristics 2. Administrative Law origin and historical development: 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¿ full subjectivity to Law 3. Court monitoring of public administrations Topic III: THE ADMINISTRATIVE LEGAL SYSTEM 1. Legal-administrative system characteristics 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 autonomies 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. Public administration failure 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. Administrative act elements 5. Administrative act efficacy 6. Nullity of administrative acts 7. Review and revocation of administrative acts

1. Foundations of Administrative Law

Topic I: ADMINISTRATIVE LAW: CONCEPT AND HISTORICAL DEVELOPMENT

1. Administrative Law concept and characteristics
2. Administrative Law origin and historical development: 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¿ full subjectivity to Law
3. Court monitoring of public administrations

Topic III: THE ADMINISTRATIVE LEGAL SYSTEM

1. Legal-administrative system characteristics
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 autonomies
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. Public administration failure 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. Administrative act elements
5. Administrative act efficacy
6. Nullity of administrative acts
7. Review and revocation of administrative acts

Relation between Activities and Contents

	1	2	3
Teaching-learning methodology
Class participation
Exams

Methodology

ASSESSMENT

ASSESSMENT BREAKDOWN

Description	%
Teaching-learning methodology	20
Class participation	10
Exams	70

Assessment criteria

Students who do not:
1. Pass the subject at the FIRST EXAM SITTING because they have either not attended classes, not completed proposed activities or been caught copying, will not be allowed to take RESITS. Instead, they will have to retake the subject and complete all the activities.

2. Obtain the required level of skills will be able to sign up for the next course as long as they have passed the corresponding exam(s). However, they will not be able to complete their final degree project without first attaining the level of skills required as part of the Bachelor¿s degree course.

Bibliography

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

Timetable and sections

Group	Teacher	Department
Sec: A	Manuel Férez Fernández	Derecho

Timetable Sec: A

From 2019/2/4 to 2019/4/29:
Monday and Wednesday from 9:30 to 11:00. (Except: 2019/4/15, 2019/4/17 and 2019/4/22)

Group	Teacher	Department
Sec: B	Manuel Férez Fernández	Derecho

Timetable Sec: B

From 2019/2/5 to 2019/5/3:
Each Friday from 9:30 to 11:00. (Except: 2019/4/19)
Each Tuesday from 9:15 to 10:45. (Except: 2019/4/16)

Group	Teacher	Department
Sec: C	Manuel Férez Fernández	Derecho

Timetable Sec: C

From 2019/2/5 to 2019/5/3:
Each Tuesday from 13:00 to 14:30. (Except: 2019/4/16)
Each Friday from 11:15 to 12:45. (Except: 2019/4/19)

Group	Teacher	Department

Fundamentos del Derecho Administrativo (D.Adm.I) (GED70163)