Universitat Internacional de Catalunya

Administrative Litigation

Administrative Litigation
3
14962
1
First semester
OB
Main language of instruction: Spanish

Other languages of instruction: Catalan

Teaching staff


Reyes Alcón: ralcon@uic.es

Office hours: Monday to Friday from 9.30 a.m. to 1.30 p.m. In all cases an email should be sent in advance to arrange an appointment.

Introduction

The Administrative Litigation course is based on the study of the basic principles of contentious procedural law, identifying the problems that may arise in a legal process.

Pre-course requirements

None required

Objectives

The fundamental objective of this subject is to introduce students to the detailed analysis of the main cases of the contentious-administrative jurisdictional order, using case methodology.

Competences/Learning outcomes of the degree programme

  • CN01 - Students will be able to describe in detail the different techniques for balancing interests.
  • CP03 - Students will be able to interact appropriately with citizens, institutions and other professionals.
  • CP04 - The student will respect the fundamental rights of equality between men and women, and the promotion of human rights and the values inherent in a peaceful society of democratic values.
  • HB04 - The students will be able to conveniently employ alternative methods to the jurisdictional route for the resolution of legal conflicts.
  • HB05 - Students will be able to appropriately apply procedural techniques for the implementation of acts that take place in different jurisdictional ordinances with special attention to the deadlines, communications, implementation and proceedings for collection.
  • HB06 - The students will be able to effectively and correctly carry out the communications of the parties in the process.
  • HB08 - Students will be able to incorporate the rights and deontological duties of the person exercising the law or practising it in relation to clients, other parties, courts, public authorities and other professionals.
  • HB10 - The students will be able to use the most relevant techniques in each case aimed at the identification and settlement of tariff duties, tax obligations, the establishment of judicial deposits and the provision of any expenses and costs necessary to guarantee the effective judicial protection of the rights of the persons represented.
  • HB12 - Students will be able to use conflict resolution techniques most relevant to each situation and context properly and with their own independence of judgement.

Learning outcomes of the subject

The student will be able to:

  1. Recognise the arguments that are at the basis of civil, criminal, labour and contentious-administrative judicial processes and the emblematic references for each case.
  2. Generate the necessary procedural briefs for the civil, criminal, labour and contentious-administrative judicial defence of a client.
  3. Identify the main problems that may arise in the course of a legal process
  4. Apply the basic principles of civil, criminal, labour and contentious-administrative procedural law.
  5. Apply the rules of evidence in civil, criminal, labour and contentious-administrative proceedings.

Syllabus

Contentious-administrative process: Aims of the administrative procedure; the principles of legal process; categories of legal process; procedural phases; evidence; precautionary measures; execution; contentious processes related to urban and environmental litigation; contentious processes related to tax litigation (economic-administrative claims); contentious processes related to litigation in the field of public service; contentious processes related to litigation in matters of the pecuniary liability of the Administration; contentious processes related to litigation in contractual and expropriation matters.

Teaching and learning activities

In person



The training activities that will be carried out are:

  • Lecture (CM): The faculty expounds the most relevant theory of the subject to reinforce knowledge of the bachelor’s degree and ensure a correct performance in other training activities.
  • Case study analysis (ACP): Analysis and discussion of the legal qualification of the facts, permitted procedural alternatives, other alternatives for the balancing of conflicting interests and elaborate procedural briefs related to the matter.
  • Simulation of professional situations (SEP): Supervised recreation of all kinds of professional legal procedures, written and oral, both in the field of legal advice and in forensic practice. Students must prepare the recreations in advance on assumptions and materials extracted from real cases.
  • Case preparation and/or simulations (PCS): Prior to the face-to-face class. Carried out individually or in groups. It will allow the student to participate appropriately in the discussion of the assumption or in the performance of the simulation.
  • Self-study: Students analyse, seek information or solve problems on their own, using the material provided, databases, bibliography and information collected in face-to-face classes and/or during work experience. Necessary work in all modules, aimed at deepening and consolidating knowledge and greater performance of the sessions of case method or simulation of professional scenarios.
  • Directed individual study (EID): Work of individual acquisition of legal knowledge under the guidance, accompaniment and supervision of the teacher-tutor to help with questions and concerns and verifies the progress made by the students.

 

The teaching methodologies to be used are as follows:

  • Theory class (CT): Method with which the faculty provides the most substantial theoretical aspects of the subject to reinforce the knowledge already acquired in the undergraduate degree and ensure a correct performance in the other training activities.
  • Case method (MC):  Allows student deliberation under the guidance and participation of the teachers. They must present a practical case in class in order to analyse and solve it. In some activities the presentation of the case and its resolution are carried out in the same learning unit. However, the case is usually previously worked on by the students individually or in a group in order to take advantage of the performance of the face-to-face sessions appropriately. The activity is always guided by the teachers. Students are encouraged to put the acquired knowledge into practice as they have the opportunity to integrate new knowledge while dealing with the complexity of real situations.
  • Simulation of professional situations (MSEP): The recreation of all kinds of possible situations taken from real cases of professional performance, in legal advice or in forensic practice. After adequate preparation and supervision the student is required to carry out the exercise themselves, individually or collectively, before a teacher who will accompany them during the exercise and then evaluate it.
  • Directed study sessions (SED): Method by which the students acquire legal knowledge individually through study led by a teacher-tutor who can answer questions and concerns of the students and verifies the progress made by them.

Evaluation systems and criteria

In person



The evaluation systems are:

  • Case study analysis (RCP): The students must demonstrate their capacity to resolve the practical cases presented and will be evaluated according to the legal qualification of the facts, procedural alternatives of defence, the preparation of procedural briefs related to the case in both formal and substantive aspects and written expression, especially with regard to the use of legal language.
  • Simulation of professional situations (RSEP): Students must demonstrate their ability to carry out professional written and oral legal activity, both in the field of legal advice and in forensic practice, and they will be evaluated according to the legal technical rigour and the quality of their simulated professional intervention.
  • Written exam (PE): Objective proof of multiple replies or responses, or of development of theoretical or practical questions on which they must justifiably rule or resolve.
  • Oral exam(PO): Objective evidence of oral presentation of legal topics and issues.

The evaluation is continuous, with a weighting of 60% for participation/practical cases/classwork and 40% for the exam.