La intervención pública en la economía (D.Admin III) (GED75864)

General information

Type:	OB	Curs:	3,4	Period:	S semester
ECTS Credits:	5 ECTS

Teaching Staff:

Group	Teacher	Department	Language
Sec: A	Enric R. Bartlett Castella	Derecho	ESP

Group	Teacher	Department	Language
Sec: B	Alfonso Arroyo Diez	Derecho	ESP

Group	Teacher	Department	Language
Sec: D	Enric R. Bartlett Castella	Derecho	ESP

PRIOR KNOWLEDGE

WORKLOAD DISTRIBUTION
Proposed activities:

- Class-based: 40% of total credits
- Guided: 30% of credits
- Independent study: 30% of credits


LEARNING OBJECTIVES
Competencies developed:
1. Communicate information and/or knowledge
Achieving this competency implies being able to communication different types of information/and or knowledge both orally and in writing to different audiences in a clear and comprehensible way.
Activities designed to develop this competency:
- In-class debates.
- Oral participation.
- Written case study resolutions.

2. Make decisions / issue judgements
Achieving this competency implies being able to issue judgements and/or make decisions within the established contextual parameters. This is done by interpreting complex data and situations, attempting to manage the balance between personal and organisational objectives and values as well as those of the client or the corresponding institution.
Activities designed to develop this competency:
- Analysis of case studies/situations presented in the exam.
- Resolution of practical case studies.
- Analysis and justification of personal position on especially controversial topics.

COMPETENCIES
1. Make decisions/Issue judgements in complex situations
2. Communicate information and/or knowledge

Activities to develop competencies 1 and 2:
- Active class participation
- Assignments and exercises
- Exams

That learnt in Administrative Law I and II

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

The Public Intervention in the Economy subject, previously called Administrative Law III, provides both theoretical and practical knowledge regarding public contracts, the public bodies' extra-contractual obligations, non-legal control over administrative actions and contentious administrative appeals.

The four fundamental objectives of this subject are for students to:

1) Know how administrative appeals functions correctly with respect to actions taken by public organisations as well as their relation with the legal review of administrative actions by Public Administrations themselves.

2) Know how administrative appeals work as a necessary means to ensure actions by public administrations comply with the Law.

3) Assimilate the essential elements of the State¿s extra-contractual pecuniary responsibility as a means to guarantee the rights of both physical and legal persons affected by the State¿s actions or inaction. Also, students have to be familiar with the key phases in the process to redress any alleged harm or prejudice.

4) Understand the logic and essential elements of public contracting. This refers to public institutions that need to buy goods, execute works and receive services through procedures which guarantee free competition and transparency. The latter serve to ensure that general interests are fulfilled. Amongst these is the internal European market, explaining the decisive nature of European Directives. Similarly, students should have a reasonable knowledge of the actions participants in calls for public contracts can take to defend their legitimate rights and interests.


IN THE STANDARD SUBJECT FORMAT, the aim is to lay the conceptual groundwork necessary to achieve these learning objectives. Analysing problems, consulting jurisprudents and resolving case studies will serve to achieve this aim.

IN THE EXTENDED SUBJECT FORMAT, students will apply this conceptual groundwork and, in so doing, further their knowledge of said concepts.

1. TOPIC 1: NON-JUDICIAL CONTROLS. ADMINISTRATIVE APPEALS I. ADMINISTRATIVE APPEALS 1. Concept, functions and types of administrative appeals. 2. Contestable acts. 3. Requirements to present appeals. 4. Non-execution of the appealed action. 5. Public hearing of the interested parties. 2.5. Proceeding termination. 3. Appeal for review of a public body decision. 4. Appeal for reversal. 5. Extraordinary appeal for review. II. APPEALS TO A HIGHER COURT 1. Appeals to a higher court. 2. Appeals to the same court. 3. Extraordinary appeals. III. LEGAL REVISION 1. Ex officio review of voided acts. 2. Declaration for a revocation procedure for acts that can be voided. 3. Revocation of acts and rectification of errors.

2. TOPIC 2: CONTENTIOUS-ADMINISTRATIVE JURISDICTION I. CONTENTIOUS-ADMINISTRATIVE JURISDICTION 1. Historical evolution and current regulations. 2. The objective and subjective areas. 3. Jurisdictional bodies and their competencies. II. CONTENTIOUS ADMINISTRATIVE APPEAL 1. General characteristics. 2. The parties. 2.1. Plaintiff and defendant. 2.2. Procedural power, representation and parties' defence. 2.3. Legitimation. 3. Appeal objective. 3.1. Contentious activity. 3.2. Parties' aims. III. CONTENTIOUS-ADMINISTRATIVE PROCESS 1. The ordinary process. 1.1. Application. 1.2 Appeal presentation. 1.3. Petition for precautionary measures. 1.4. Preparatory actions. 1.5. The proceeding itself. 1.6. Proceeding termination. IV. APPEALS AGAINST LEGAL DECISIONS: GENERAL IDEAS 1. Appeals against rulings. 2. Appeal in cassation.

3. TOPIC 3: PUBLIC ADMINISTRATIONS' EXTRA-CONTRACTUAL PECUNIARY RESPONSIBILITY I. DIFFERENT FUNCTIONS OF THE ADMINISTRATIONS' EXTRA-CONTRACTUAL PECUNIARY RESPONSIBILITY 1. Depending on the perspective with which it is seen. II. REGIME GOVERNING PUBLIC ADMINISTRATION LIABILITY 1. Applicable legislation and the target liabiity model it imposes. III. MATERIAL REQUIREMENTS 1. Harm and damage. Criminal responsibility for the harm. 2. Effective harm. Economic evaluation and individualisation with respect to people or groups. 3. Causal nexus. Attributing the harm to an administration. 4. Causes for exoneration. IV. CLAIMING RESPONSIBILTY. 1. Procedural aspects.

4. TOPIC 4: PUBLIC SECTOR CONTRACTS I. HISTORICAL BACKGROUND The process leading to the creation of the regime governing public contracts. II. DIFFERENCE BETWEEN ADMINISTRATIVE AND CIVIL CONTRACTS The doctrine and regulations governing separable acts. III. THE LEGAL REGIME GOVERNING PUBLIC SECTOR CONTRACTS European Union Law. The subjective area of public contracts. IV. THE PREPARATORY AND AWARD PHASES The administrative bodies with competencies in the contract area. V. SUBJECTIVE CONDITIONS FOR ASPIRING PUBLIC CONTRACT RECIPIENTS Ability to enter into contracts. Classification in the Registry of Contractors. The deposit. VI. THE CONTRACTOR SELECTION PROCESS AND WAYS TO AWARD THE CONTRACT Special regime governing appeals against related actions. VII. THE EXECUTION OF ADMINISTRATIVE CONTRACTS The applicable regime. The document containing administrative clauses and technical specifications. VIII. EXECUTION AND CHANGES IN ADMINISTRATIVE CONTRACTS Contract exposure to risk and problems during their execution. IX. ADMINISTRATIVE POWERS TO ENSURE CORRECT CONTRACT EXECUTION Unilateral interpretation and ius variandi. X. LINES OF DEFENCE FOR CONTRACTORS DUE TO THE CHANGEABILITY OF CONTRACTS Financial equilibrium and factum principis. XI. ADMINISTRATIVE CONTRACT TERMINATION

Teaching-learning methodology: lectures, case studies, exercise/problem resolution

Teaching modalities: theoretical classes, practical sessions, tutorials, readings and analyses of jurisprudence.

The teaching methodology is based on the following premises:

1) Student work prior to class: reading on the subject in any of the recommended texts to gain initial insights and identify issues which they may have trouble understanding and thus clarify these doubts in lecture classes.

2) Active follow-up of lecture classes for students to be able to identify the key items in each subject, clarify any doubts and relate the content presented in different subject blocks.

3) Appropriately use the documentation provided for each topic, serving to complement the texts and the notes each individual student takes.

4) Individual case study resolution, in which special attention will be given to students¿ ability to prioritise relevant information and how well they clearly transmit their ideas.

The textbook used as reference in this course is that by Professor Miguel Sánchez Morón on Administrative Law. Students can also consult the following, amongst others:

COSCULLUELA MONTANER, L.: Manuel de Derecho Administrativo. Ed. Civitas.

ESTEVE PARDO, J.: Lecciones de Derecho Administrativo. Ed. Marcial Pons

GAMERO CASADO,E y FERNÁNDEZ RAMOS, S.: Manual Básico de Derecho Administrativo. Ed. Tecno

GARCÍA DE ENTERRÍA, E. y FERNÁNDEZ, T.R.: Curso de Derecho Administrativo. Vol. I, Vol. II. Civitas. Madrid.

GARRIDO FALLA, F.; PALOMAR, A. y LOSADA, H.: Tratado de Derecho Administrativo. Parte general, Vol. II. Ed. Tecnos.

MUÑOZ MACHADO, S.: Tratado de Derecho Administrativo y Derecho Público General. Tomos I,II y III Ed. Iustel.

PARADA, R.: Derecho Administrativo. Ed. Marcial Pons.

SANTAMARÍA PASTOR, J.A.: Principios de Derecho Administrativo. Vol. II. Ed. Centro de Estudios Ramón Areces, S.A

Group	Teacher	Department
Sec: A	Enric R. Bartlett Castella	Derecho

Group	Teacher	Department
Sec: B	Alfonso Arroyo Diez	Derecho

Group	Teacher	Department
Sec: D	Enric R. Bartlett Castella	Derecho