Basic Institutions of Administrative Law (21787)

Degree course: Degree in Labour Relations
Academic year: second
Term: second
Number of ECTS credits: 4
Student hours: 100

Syllabus

Basic Institutions of Administrative Law forms part of the Degree in Labour Relations curriculum.

This course is taught in the second term of the second year of the degree. Its aim is to introduce students to the essential aspects of administrative law which contribute to the training of professionals who have frequent contact with general government.

The teaching of Basic Institutions of Administrative Law is divided into three sections:

• The first is an introduction to the course and looks at Public Administration from an organisational perspective. Special attention is paid to the diversity of government departments and their internal components and what distinguishes them from other public authorities and private institutions in the public sector.

• The second section analyses how the different legal position of general government and citizens manifests itself with attention to the constitutional conception of Public Administration. The analysis also underlines how the will of the government manifested through procedure offers citizens important rights and guarantees which should be taken into account. The analysis is complemented by the study of the legal acts of citizens and interested parties and the formalized activity of government departments.

• The third section aims to deepen students' knowledge of the procedure though which acts of administrative importance are drawn up. Among the most important aspects are the government's obligation to take decisions and the legal status of administrative silence and revocation. The basic legal system of administrative acts, the different administrative resources by means of which interested parties can contest administrative acts, government review mechanisms to disregard administrative acts and finally judicial review of government activity are also studied.

Successful completion of Basic Institutions of Administrative Law requires students to read and understand legal texts and develop the ability to apply theoretical concepts to real-world cases.

 

I. GOVERNMENT BODIES AND PRIVATE INSTITUTIONS IN THE PUBLIC SECTOR

Topic 1.  Introduction to the system of government bodies and private institutions in the public sector.

Introducción to public administration and administrative law. General government and other public authorities. Different types of government bodies. Special reference to central government, autonomous community government and local government. Private institutions in government bodies.

Topic 2.  Organisation and staffing of government departments.

The structure of government departments: administrative units and bodies. Types of body. State employees: types. Access to state employment.

II. THE GOVERNMENT AND CITIZENS

Topic 3. Administrative activity and the government's legal position.

The constitutional conception of Public Administration. The legality principle and powers in government activity. Changes in the exercise of government powers. General classification of administrative activity. Reference to formalized government action: unilateral action (administrative and regulatory acts) and bilateral action (contracts and agreements). Government self-protection.

Topic 4.  The legal position of citizens vis-à-vis the government.

The differentiated legal situations of citizens and the government. Reference to government procedure as a guarantee mechanism for citizens. The concept of the interested party. Citizens' general rights in their relationships with government bodies. The legal acts of interested parties: petitions, applications, previous communications, affidavits, allegations, withdrawals, waivers and appeals.

III. UNILATERAL FORMALISED GOVERNMENT ACTIVITY: PROCEDURE AND ADMINISTRATIVE ACTS

Topic 5.  Administrative procedure.

Procedure and administrative dossiers. Procedural phases and formalities. The obligation to take decisions and failure to fulfil this obligation: administrative silence and revocation. Representation and technical management.

Topic 6.  Administrative acts and review mechanisms.

The basic legal system of administrative acts: concept, types, requirements and validity. Administrative resources: appeal to a higher court, internal appeals and review. Appeals vis-à-vis contentious administrative jurisdiction. Ex-oficio review. Reference to previous claims in the exercise of actions vis-à-vis social jurisdiction.