| Lesson 2- The subjects: The Public Administrations and their organization. The citizen |
1. The public sector
2. The Public Administrations
a. The legal personality of the Administration
b. The diversity of Public Administrations
c. The capacity of the public legal entities
d. The administrative bodies. The competence
e. The organization of the Spanish territorial Administrations
f. The organization of the institutional Administrations and corporative entities
3. The citizen
a. Relations of supremacy or general and special subjection
b. The ability to act and its amending circumstances
c. The subjective legal situations |
| Lesson 4- The administrative acts: kinds, elements, effectiveness, validity. The administrative silence |
1. Concept of administrative act
2. Elements of the administrative acts
3. Kind of administrative acts: the relevance of the different criteria
4. The effectiveness of the administrative acts
a. Concept
b. La immediate effectiveness
c. Exceptions to the immediate effectiveness:
i. Delayed effectiveness; notification and publication of the administrative acts
ii. Early effectiveness
5. Theory of invalidity: degrees of invalidity of the administrative acts
a. The voidability of the administrative acts
b. Absolute nullity
c. Non-invalidating irregularities
6. The problem of the inactivity of the Administration
a. The duty to resolve and notify. Deadlines
b. Effects of the administrative silence
c. Procedures initiated at the request of the interested party
d. Procedures initiated ex officio. Expiry
e. Legal nature of the administrative silence: legal fiction or presumed act. The effectiveness of the presumed acts
f. The deadlines to appeal for the administrative silence
g. The administrative silence in Urban Law |
| Lesson 6- The administrative remedies |
1. Concept and characteristics of the administrative remedies.
Alternative procedures of challenge and claim
2. Kinds of administrative remedies
a) Ordinary remedies (alzada and reposición)
c) Extraordinary appeal: revision
d) Special remedies
3. The revocation of the administrative acts
a) Revocation on the grounds of legality: the revision of null and voidable acts
b) Revocation on the grounds of opportunity
4. The rectification of material, factual or arithmetical errors.
6. The suspension of the effectiveness of the administrative acts in the event of administrative appeal or ex officio revision |
| Lesson 8- Contracts of the public sector |
1. Introduction: agreements and contracts. Relevance of the European Union Law
2. Subjective scope
3. Excluded transactions and contracts
4. Contracts of the public sector: delimitation criteria, system of legal sources and legal framework
5. The parties of the contract
6. Object, price, amount of the contract and guarantees
The preparation of the contracts. Choice of the contractor, award and formalization of the contracts.
7. Technical rationalization of the procurement
8. The administrative organization for procurement management
9. Invalidity regime and special appeal on public procurement
10. Effects, compliance and extinction of contracts. In particular, the prerogatives of the Administration, the modification of contracts and the techniques to ensure the economic balance
11. The typical administrative contracts
|
