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Class Public Contract Law

  • Presentation

    Presentation

    On January 1, 2018, the amendments to the Public Contracts Code (CCP) came into effect. These were based on the new 2014 European Union Directives of the EP and of the Council, of February 26 – Directive 2014/23/EU, on the award of concession contracts; Directive 2014/24/EU, on public contracts and Directive 2014/25/EU, on public contracts awarded by entities operating in special sectors, revoking the 2004 Directives on the same matters. This change is intended to simplify and reduce bureaucracy in the procedures relating to the formation of contracts, with significant improvements that derived from the Judgments of the Court of Justice of the European Union. Likewise, Law No. 30/2021, of May 21, which approved special measures regarding public procurement, especially in projects co-financed or financed by public money.  
  • Code

    Code

    ULHT6624-16363
  • Syllabus

    Syllabus

    1. General framework of the public procurement regime 2. Scope of application of the CCP. Regime exclusions 3. General principles and specific principles of public procurement 4. Types of pre-contractual procedures and selection criteria 5. General processing of pre-contractual procedures that are most evident in the activity of the Portuguese Public Administration: 6. Substantive regime of administrative contracts - general lines  
  • Objectives

    Objectives

    - Domain of the principles of Portuguese law and European Union law applicable to public contracts - Knowledge of the processing of pre-contractual procedures, more common in Portugal - Knowledge of the main issues that arise in the execution of contracts - Ability to analyze national case law and the Court of Justice of the European Union.            
  • Teaching methodologies and assessment

    Teaching methodologies and assessment

    Teaching method: - Theoretical-practical classes - presentation by the teacher. - Class work (jurisprudence analysis and debates on the matter): classes should be accompanied by reading the recommended bibliography - - Encouraging participation. Assessment Method: Continuous assessment with the following weighting:    - Participation (20%)    - Written presentation and discussion of individual work, on a theme of the program chosen by the student: 80%.  
  • References

    References

    GONÇALVES, Pedro Costa - Direito dos Contratos Públicos. 5.ª edição. Coimbra: Almedina, 2021 SÁNCHEZ, Pedro Fernandez - Direito da Contratação Pública, Vols. I e II. Lisboa: AAFDL, 2020. TAVARES, Gonçalo Guerra - Comentário ao Código dos Contratos Públicos. Coimbra: Almedina, 2019   Suporte legal: Código dos Contratos Públicos in www.pgdl.pt
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