Administrative Law and Administrative Procedure

Course type

Obvezni

Study programme and level

Masters and PhD, Postgraduate, Law and Management of Real Estate

Language

slovenščina

Lectures	Seminar	Tutorial	Druge oblike študija	Individual Work	ECTS
40				160	8

Prerequisites:

Enrollment into the 1^st year of study.

Content (Syllabus outline):

PART ONE: Administrative Law

Introductory concepts, historical development of administrative law, the placement of administrative law into the legal order.

Constitutional origins of administrative law.

Fundamental principles of administrative operation.

Separation of powers.

State administration, public administration, public sector – their respective roles and delimitation.

State Administration

Local self-government

Legal entities governed by public law (public institutes, public agencies, public funds, public enterprises).

Public services (economic and non-economic, public works, public goods, public infrastructure).

Public powers.

Types of administrative norms and instruments and their hierarchy.

Boundness of the administration by the law.

Discretion, legal boundness, indeterminate legal concepts.

Consequences of non-conformity of administrative norms.

Decision-making process in administrative matters.

Legal remedies against decisions in administrative matters.

Public contracts (public contract / administrative contract, public procurement, concession).

The liability of public authorities.

Selected topics (transparency of operation, access to public information).

PART 2: GENERAL ADMINISTRATIVE PROCEDURE

General administrative procedure and special administrative procedure, subsidiarity principle.

Characteristics of the administrative relationship.

Administrative matter.

Which bodies and when they act according to the General Administrative Procedure Act.

Public powers.

Fundamental Principles of the General Administrative Procedure Act.

Territorial and subject-matter jurisdiction.

Subjects of the administrative procedure.

Communication. Time limits Costs.

First-instance procedure.

Appellate procedure.

Procedure using extraordinary legal remedies.

Enforceability and enforcement in the administrative procedure.

Judicial review of the legality of individual administrative acts.

Objectives and competences:

General aims of the subject:

– students distinguish between institutes of administrative law;

– students are capable to solve issues associated with the creation and use of administration norms;

– students are competent to identify the issues that are important for legal and legitimate work of administration;

– students know and understand the administrative procedures;

–  students know and understand the remedies.

Subject – specific competencies:

– students can express their professional opinions in the field of administrative law;

– students are capable to use their knowledge in the field of administration law;

– students  are capable to use their knowledge and are able to solve  problems  associated with creation and use of administration norms;

– students are competent to create administration act;

– students are capable to use basic institutes of administrative procedures;

– students are competent to solve simple administrative matters and formulate the administrative order;

– students are capable to use remedies.

Intended learning outcomes:

Knowledge and understanding:

– Student will be capable to identify and understand the role of administrative law. They will understand the relationship between state and individual. They will know the basic principles of legal binding of administration.

– Students will understand the administrative procedures of ensuring rights and obligations on the field of administration law. They will be capable of resolving easier procedural problems in administration. They will be also capable to use remedies.

Learning and teaching methods:

– Lectures

Assessment:

Assessment of written examination 100%