Cursos / 1º Ciclo / Faculty of Law :: Law

CONTRATOS PÚBLICOS - 2023/2024

4º curricular year
Semestralidade: 1st semester
ECTS: 6

Teachers

Leading Teacher: Prof. Doutor Carlos Abreu Amorim
Assistant Professor: Prof. Doutor Carlos Abreu Amorim

Class type and School hours

Teórico-prática : 2 Horas
Orientação Tutorial : 1 Horas

Teaching Language

Portuguese

Main Aims/Objectives

Identification and understanding of the theme of public procurement and its essential concepts, as well as its relevance in Portuguese and European administrative activity.

Specific Aims/Objectives

Knowledge of the system of the applicable legal regime, namely the Public Procurement Code Portuguese.

Skills to be acquired

Mastery of the legislation applicable to Portuguese and European public procurement, as well as the ability to face problems of administrative activity of a contractual nature.

Teaching Procedures

Theoretical classes of systematic exposition of the syllabus of the curricular unit.

Tutorial orientation classes aimed at solving practical problems, clarifying doubts and monitoring the acquisition of knowledge.

Programme

CHAPTER I
1. Administrative activity and use of the contract
1. The contract as a general category of law
2. The use of the contract by the Administration
3. Evolution and phases of contract acceptance
4. The present phase of the contract as a figure of general use in the exercise of administrative activity


2. Public procurement
1. Broad concept and strict concept
2. Elements of the concept of public procurement
3. Public Procurement and Administrative Contract
1. Types of Administrative Contracts
1. Contracts for the exercise of public powers
2. Cooperation or inter-administrative contracts
3. Contracts of an administrative nature
4. Named and innominate administrative contracts

CHAPTER II
3. The general regime of public procurement
1. Genesis and evolution of the Public Procurement Code (CCP)
2. Contractual autonomy of legal persons governed by public law
3. Private contractual autonomy of the Administration
4. Private law contracts of the Administration
5. Objectives of public procurement
1. Strategic Hiring
2. Environmental and climate protection
3. Realization of social values
4. Promoting innovation
6. General principles of public procurement
1. Principles of administrative activity
2. Principles of European law
3. Principles defined in the CCP
4. Principles of Strategic Hiring


4. Specific regime of the Public Procurement Code (CCP)
1. Contracting entities
2. Scope of the CCP
1. Contracting entities
2. Subjective incidence of Part II of the CCP
3. Objective impact of Part II of the SPC
1. Contracts covered
2. Contracts and excluded contracting

CHAPTER III
5. Formation of public contracts
1. Types of procedure for the formation of public contracts
1. Procurement procedure
2. Preparation of the procedure
3. Decision to Contract and Authorize Expenditure
4. Decision on choice of procedure
5. Requirements for participation in the procedure
6. Approval of Procedure Parts
7. Procedure
1. Candidacy
2. Proposals
3. Analysis, exclusion, evaluation, negotiation and ordering of proposals
4. Adjudication and post-adjudication
5. Simplified regime
6. Conclusion of the contract
7. Supervision of the contract

Evaluation Type

Two mandatory written tests.

Teaching Resources

All existing resources in the University Library
Topics of the theoretical classes carried out by the teacher.

Sustainability Objectives

Keywords

Administrative activity.
Public contracts.
Administrative contracts
Public Procurement Code Portuguese.

Main Bibliography

Complementary Bibliography