| General description |
General objective: The training aims for the student to acquire the skills, attitudes and knowledge in administrative law, in order to develop and relate legally with the different public administrations, knowing their procedures and methodology, as well as with the contentious-administrative jurisdictional order. This should allow the student to acquire a level of knowledge that allows him/her to advise companies and individuals in their actions before the Public Administrations and the public sector. Likewise, an analysis and drafting of legal documents, management of administrative procedures and, in general, the correct exercise of the profession in this field will be carried out. The following aspects will be examined: 1.- Legal system of public administrations and common administrative procedure. Objectives: to know the phases of the administrative act. To know the form of the acts of communication and notification. To know the consequences of the lack of resolution within the legal deadlines. To know the regime of positive and negative administrative silence. To know the allegations and appeals. To know and handle the formal structure of the most common appeals. To know the rights and duties of the administration and the administered. To know the peculiarities of the sanctioning power. Skills: distinguish between express and presumed acts. To identify defective notifications. Differentiate the types of nullity, annulment and invalidity of administrative acts. Manage the terms and deadlines of the procedure. Analyze the presence of procedural guarantees in the administrative sanctioning activity. To draft written pleadings. Attitudes: to value the rights and duties of citizens before the administration. To value the importance of the acts of communication and the vices of the administrative act. To value the importance of intervening in the evidence of the procedure. 2.- Regulation of the contentious-administrative jurisdiction. Objectives: to know the scope of the jurisdiction. To know the conditions to be part of the procedure. To know the requirements and specialties of the process. To know how to differentiate the different forms of termination of the process. To know the system of appeals as well as its processing technique. Skills: to be able to manage in the different procedural positions. To know how to determine the objective and territorial competence. Proper use of precautionary measures. Prepare and develop the oral trial. Act safely and correctly in hearings. Intervene in the proposition and practice of evidence. Master the technique of final conclusions. Detect the reasons for challenging the court decision and correctly choose the appropriate remedy. Attitudes: to be aware of the strictness of deadlines and appointments. To value the convenience of filing appeals. Evaluate the options of dismissal, settlement and judicial conciliation. To prepare responsibly the processes in which one is going to intervene. Assess the advisability of challenging a court decision. 3.- Patrimonial liability of public administrations. Objectives: to know the elements that intervene in the assumptions of patrimonial responsibility. To know the consequences of the process (calculation of compensation). To know the specialities of the procedure. Scope of action of the Advisory Council of the Xunta de Galicia. Skills: to know how to discern the cases in which there is patrimonial responsibility of the administration. To know how to evaluate the existing evidence. Mastering the procedure. Inform the client about the foreseeable outcome of the procedure. Attitudes: to value the concurrence of the necessary requirements for the existence of liability of the public administrations. 4.- Compulsory expropriation. Objectives: to know the channels to initiate an expropriation procedure. To distinguish the phases of the expropriation procedure. To know the relevance of the minutes as a prerequisite to the occupation. To know the scope, phases and operation of the expropriation process. Skills: differentiate the different types of expropriation. To draft writings with special reference to the allegations to the appraisal sheet. Take into account the criteria for setting the price. To value the possibilities of proof for the accreditation of the value. To initiate the reversion procedure. Attitudes: to value the convenience of going to the contentious route in the assumptions of disagreement with the price. To value the appraisal sheet and its grounds. 5.- Contracting in the public sector. Objectives: to know the legislation on contracting of the Public Administrations and the public sector, both in the phases of preparation of the contract, awarding and in the phases of execution and liquidation of the contract. To know the mechanisms of public sector contracting.
Attitudes: Approximation to the determining factors of public sector contracting and knowledge of the contracting procedure and its specialties. 6.- Rights and freedoms of foreigners in Spain and their social integration. Objectives: to master the legislation on foreigners. To know the functioning of the administration in this matter. To know the judicial control in foreigners. Skills: to differentiate the different regimes in matters of foreigners. Identify the most suitable way for the regularization of foreigners. To inform the client of his rights and duties as an illegal or resident alien. To formulate writs for the competent administration. Formulate jurisdictional appeals. Attitudes: assess the convenience of requesting the regularization of foreigners. To give responsible advice to the client. To prepare in a responsible way the procedures in the matter. 7.- Territorial planning, environment and urbanism. Objectives: to know the different types of land, its legal regime and the rights and obligations of the owners. To know the legal regime of the different administrative titles of intervention in the urban development field. To know the different models of land planning and, in particular, sectoral plans and other land management plans. To know the different types of urban plans, their effects, viability and processing procedure. To know the legal regime of the out of management. To know the different systems of action and appraisal. To know the types of urban planning licenses, their processing and effects. To know the regime of town planning inspection. To know the types of infractions, sanctions, prescription and town planning procedures. To know the most frequent regulations and jurisprudence on the environment. To know the programs and competences of the public administrations in environmental matters. To know the forms of environmental control and protection. Skills: differentiate the types of land. To know how to proceed to request a license or responsible declarations and previous communications. Handle with ease the different types of plans. Easily handle the specific terminology. To analyze the systems of action of the plans. Handle the different types of urban planning licenses. To know how to act in the licensing procedures. Recognize the legal regime applicable at all times and to each type of infraction. To be able to intervene in a sanctioning procedure. To know how to distinguish between urban infraction and crime. Handle the regulations, jurisprudence and doctrine on environmental matters. Attitudes: to value the possible existing alternatives at the time of requesting administrative authorizations in the matter. To value the economic effects of the development of an urban development plan. To inform the client of the consequences of the plan on a property or right. Assess the appropriateness of initiating an administrative procedure for the granting of licenses. To advise correctly in cases of ruin, aggregations or segregations. To be able to intervene in a sanctioning procedure. Advise the client on environmental matters in their actions. |
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