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Administrative Law and Administrative Process
Study Course Description
Course Description Statuss:Approved
Course Description Version:12.00
Study Course Accepted:10.04.2024 14:31:21
| Study Course Information | |||||||||
| Course Code: | JF_389 | LQF level: | Level 7 | ||||||
| Credit Points: | 3.00 | ECTS: | 4.50 | ||||||
| Branch of Science: | Law | Target Audience: | Juridical Science | ||||||
| Study Course Supervisor | |||||||||
| Course Supervisor: | Juris Zīvarts | ||||||||
| Study Course Implementer | |||||||||
| Structural Unit: | Faculty of Social Sciences | ||||||||
| The Head of Structural Unit: | |||||||||
| Contacts: | Dzirciema street 16, Rīga, szf rsu[pnkts]lv | ||||||||
| Study Course Planning | |||||||||
| Full-Time - Semester No.1 | |||||||||
| Lectures (count) | 12 | Lecture Length (academic hours) | 2 | Total Contact Hours of Lectures | 24 | ||||
| Classes (count) | 6 | Class Length (academic hours) | 2 | Total Contact Hours of Classes | 12 | ||||
| Total Contact Hours | 36 | ||||||||
| Part-Time - Semester No.1 | |||||||||
| Lectures (count) | 6 | Lecture Length (academic hours) | 2 | Total Contact Hours of Lectures | 12 | ||||
| Classes (count) | 2 | Class Length (academic hours) | 1 | Total Contact Hours of Classes | 2 | ||||
| Total Contact Hours | 14 | ||||||||
| Study course description | |||||||||
| Preliminary Knowledge: | Introduction to Law and Civil Law, Constitutional Law and Theory of Law, Juridical Methods and Law Theory Issues. | ||||||||
| Objective: | To acquaint students with definitions and terms of administrative law and discuss sources of administrative law, including court judgements, literature. To acquaint students with the institutional structure and operating procedures of public administration. To provide insight into key areas of administrative law. To develop understanding of the place and role of administrative law in a democratic state. To promote the development of a set of theoretical knowledge on issues related to administrative process in general, administrative process in state and municipal institutions, stages of review of administrative process, terms of administrative process, procedure of contesting a decision and appealing a decision. | ||||||||
| Topic Layout (Full-Time) | |||||||||
| No. | Topic | Type of Implementation | Number | Venue | |||||
| 1 | Formation of administrative law. Sources, development, and system. • Historical development of administrative law. • Sources of administrative law. • System of administrative law. • The system of administrative provisions, relation thereof to the science of administrative law. • Main directions of administrative legal regulation in public administration. • Public relations governed by administrative law. • Methods for research of administrative law. References. | Lectures | 2.00 | auditorium | |||||
| 2 | Administrative law - a branch of public law. Relation to other branches of law. Principles of administrative law. • Division of law: private and public law. • Relation to other branches of law. • The concept of principle of administrative law. Division of principles. • Substantive principles of administrative law. • Procedural principles of administrative law (implementation of provisions of administrative law). Principles of public administration. | Lectures | 2.00 | auditorium | |||||
| 3 | Administrative legal relations. Acts of public administration. • The concept of administrative legal relationship. • The structure of administrative legal relationship. • Vertical administrative legal relations. • Horizontal administrative legal relations. • The concept of an act of public administration. • Act of public administration and administrative act. Administrative decision. • Division of acts of public administration. • General rules for the development and adoption of public admin | Classes | 2.00 | auditorium | |||||
| 4 | Administrative responsibility and civil offence. • The concept of civil offence. • The components of civil offence. • The concept of administrative responsibility. • Administrative penalty and administrative measure of constraint, types thereof. • General rules on the application of administrative responsibility. | Lectures | 2.00 | auditorium | |||||
| 5 | Administrative act and actual action. Separation of public and private law. A legal entity under public law. Legal capacity and capacity to act. Participants to the administrative proceedings. | Classes | 1.00 | auditorium | |||||
| 6 | Administrative proceedings in court – rights of the parties to the proceedings, evidence and proof. Direction of administrative proceedings in the institution. Acquisition of information. Contestation. Repeal of an administrative act. Reinitiation of administrative proceedings. | Lectures | 2.00 | auditorium | |||||
| 7 | The essence of administrative proceedings in court. Types of applications to an administrative court. Competence of the administrative court. Interim measures of protection in administrative proceedings. Participants to the administrative proceedings in court. Representation in administrative proceedings. | Lectures | 2.00 | auditorium | |||||
| Classes | 1.00 | auditorium | |||||||
| 8 | The principle of objective investigation. Court judgements and decisions. Problems of the implementation of the principle of objective investigation in administrative proceedings in court. Appeal and cassation proceedings. | Classes | 2.00 | auditorium | |||||
| 9 | Obligation to indemnify losses caused by an unlawful administrative act or actual activity. Freedom of Information Law. Execution of an information request document. Law on Submissions. | Lectures | 2.00 | auditorium | |||||
| Topic Layout (Part-Time) | |||||||||
| No. | Topic | Type of Implementation | Number | Venue | |||||
| 1 | Formation of administrative law. Sources, development, and system. • Historical development of administrative law. • Sources of administrative law. • System of administrative law. • The system of administrative provisions, relation thereof to the science of administrative law. • Main directions of administrative legal regulation in public administration. • Public relations governed by administrative law. • Methods for research of administrative law. References. | Lectures | 1.00 | auditorium | |||||
| 2 | Administrative law - a branch of public law. Relation to other branches of law. Principles of administrative law. • Division of law: private and public law. • Relation to other branches of law. • The concept of principle of administrative law. Division of principles. • Substantive principles of administrative law. • Procedural principles of administrative law (implementation of provisions of administrative law). Principles of public administration. | Lectures | 1.00 | auditorium | |||||
| 3 | Administrative legal relations. Acts of public administration. • The concept of administrative legal relationship. • The structure of administrative legal relationship. • Vertical administrative legal relations. • Horizontal administrative legal relations. • The concept of an act of public administration. • Act of public administration and administrative act. Administrative decision. • Division of acts of public administration. • General rules for the development and adoption of public admin | Classes | 1.00 | auditorium | |||||
| 4 | Administrative responsibility and civil offence. • The concept of civil offence. • The components of civil offence. • The concept of administrative responsibility. • Administrative penalty and administrative measure of constraint, types thereof. • General rules on the application of administrative responsibility. | Lectures | 1.00 | auditorium | |||||
| 6 | Administrative proceedings in court – rights of the parties to the proceedings, evidence and proof. Direction of administrative proceedings in the institution. Acquisition of information. Contestation. Repeal of an administrative act. Reinitiation of administrative proceedings. | Lectures | 1.00 | auditorium | |||||
| 7 | The essence of administrative proceedings in court. Types of applications to an administrative court. Competence of the administrative court. Interim measures of protection in administrative proceedings. Participants to the administrative proceedings in court. Representation in administrative proceedings. | Lectures | 1.00 | auditorium | |||||
| 8 | The principle of objective investigation. Court judgements and decisions. Problems of the implementation of the principle of objective investigation in administrative proceedings in court. Appeal and cassation proceedings. | Classes | 1.00 | auditorium | |||||
| 9 | Obligation to indemnify losses caused by an unlawful administrative act or actual activity. Freedom of Information Law. Execution of an information request document. Law on Submissions. | Lectures | 1.00 | auditorium | |||||
| Assessment | |||||||||
| Unaided Work: | Independent preparation of written papers according to the topics and requirements set during the classes, independent study of the legal literature specified and practice materials, independent preparation of a presentation on the chosen topic in administrative procedure. | ||||||||
| Assessment Criteria: | Exam 25%, independent work 25%, class work 25%, two independent written assignments 25%. | ||||||||
| Final Examination (Full-Time): | Exam (Written) | ||||||||
| Final Examination (Part-Time): | Exam (Written) | ||||||||
| Learning Outcomes | |||||||||
| Knowledge: | Students understand the tasks of civil offence law and the conditions for implementation thereof. Knowledge of the concept of administrative procedure, system of administrative procedure. Distinguish administrative acts from other legal acts. | ||||||||
| Skills: | Students are able to compile sources for the course independently, conduct independent research, present their work, and analyse other students’ presentations in the field of administrative law. The ability to analyse, synthesise, and evaluate the place and role of the administrative procedure in the common legal system. | ||||||||
| Competencies: | Students are able to identify and draft an administrative act, to apply and justify the principles of administrative law, to draft legal texts in the field of administrative law. Ability to perform specific tasks related to the administrative procedure, ability to use knowledge and skills for professional and personal development. | ||||||||
| Bibliography | |||||||||
| No. | Reference | ||||||||
| Required Reading | |||||||||
| 1 | Briede J., Danovskis E., Kovaļevska A. Administratīvās tiesības. Mācību grāmata. Otrais izdevums. | ||||||||
| 2 | Danovskis, E. Valsts dienesta jēdziens. Grām.: Tiesību interpretācija un tiesību jaunrade – kā atrast pareizo līdzsvaru: Latvijas Universitātes 71. zinātniskās konferences rakstu krājums. Rīga: LU Akadēmiskais apgāds, 2013, 283.-287.lpp. | ||||||||
| 3 | Autoru kolektīvs. Administratīvā procesa likuma komentāri. Rīga, Tiesu namu aģentūra, 2013, 1058.lpp. | ||||||||
| 4 | Briede, J., Danovskis, E., Kovaļevska, A. Administratīvās tiesības. Mācību grāmata. Rīga, Tiesu namu aģentūra, 2016, 352.lpp. | ||||||||
| Additional Reading | |||||||||
| 1 | Bite, I. Jauns administratīvo pārkāpumu process: vai labāks?//Jurista Vārds. 2016.gada 15.novembris /NR. 46 (949) | ||||||||
| Other Information Sources | |||||||||
| 1 | Dažādi konstitucionālo un administratīvo tiesību jautājumi. | ||||||||
| 2 | Socrates. iRSU. | ||||||||
| 3 | Eiropas Cilvēktiesību tiesas spriedumi. | ||||||||
| 4 | Satversmes tiesas spriedumi. | ||||||||
