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Teaching GuideTerm Faculty of Law |
| Mestrado Universitario en Avogacía (plan 2012) |
 Subjects |
| Administrative practice |
| Contents |
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| Identifying Data | 2021/22 | |||||||||||||
| Subject | Administrative practice | Code | 612499006 | |||||||||||
| Study programme |
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| Descriptors | Cycle | Period | Year | Type | Credits | |||||||||
| Official Master's Degree | 1st four-month period |
First | Obligatory | 6 | ||||||||||
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| Topic | Sub-topic |
| 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. ç 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 administrative contracting. |
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| I.- Procedimento administrativo. Prof. responsable: Augusto Pérez-Cepeda Vila, Abogado |
Formalización da actuación administrativa |
| 2.- Proceso contencioso-administrativo. Prof. responsable: Asunción Montero Carré, Abogada | Garantía xurisdiccional contencioso-administrativa |
| I. Administrative Procedure. PROF. RESPONSIBLE: Augusto Pérez-Cepeda Vila- Lawyer II. Contentious-Administrative Proceedings. PROF. PROFESSOR RESPONSIBLE: Asunción Montero Carré- Lawyer III. Public Administrations' Patrimonial Liability. PROF. PROFESSOR RESPONSIBLE: Luis Vázquez Forno -Legal Counsel of SERGAS-. IV. Public Sector Contracting. PROF. PERSON IN CHARGE: Gonzalo Barrio V. Forced Expropriation. PROF. PROFESSOR RESPONSIBLE: Carolina Pardo-Ciorraga Barros -Lawyer-. VI. Rights and Freedoms of Foreigners in Spain and their Social Integration. PROF. PROFESSOR RESPONSIBLE: Juan José Vázquez Rodrígiez -Abogado- VII. Spatial Planning, Urbanism and Environment. PROF. PROFESSOR IN CHARGE: Gonzalo Barrio |
Formalization of the administrative activity. Contentious-administrative jurisdictional guarantee. Compensation for administrative actions. Contracting regime of public administrations and other public sector entities. Analysis of compulsory expropriation legislation. Legal status of foreigners. Urban and territorial planning. Environmental protection. |
| 4. Contratación do sector público. Prof. responsable: Gonzalo Barrio | Réxime de contratación das administracións públicas e outras entidades do sector púlbico |
| 5. Expropiación forzosa. Prof. responsable: Carolina Pardo-Ciorraga Barrios. Abogada. | Análise da lexislación de expropiación forzosa. |
| 6. Dereitos e libertades das persoas extranxeiras en España e a sua integración social. Prof. responsable: Juan José Vázquez Rodríguez. Abogado | Estatuto xurídico da persoa extranxeira. |
| 7. Ordenación do territorio, urbanismo e medio ambiente. Prof. responsable: Gonzalo Barrio | Ordenación urbanística e territorial. Tutela ambiental. |
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