Study-Unit Description

Study-Unit Description


CODE PBL1102

 
TITLE Administrative Procedure

 
UM LEVEL 01 - Year 1 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 4

 
DEPARTMENT Public Law

 
DESCRIPTION This study-unit studies administrative procedure. This means that students will study the provision on judicial review of administrative action as contained in article 469A of the Code of Organization and Civil Procedure, the Administrative Review Tribunal established by the Administrative Justice Act and various other quasi-judicial tribunals which have an administrative procedure jurisdiction such as the various appellate boards and tribunals which hear appeals from decisions of public corporation and select public officers' decisions. Students will be taught the laws and case law relevant to the subject of this study-unit.

Study-unit Aims:

The aim of this study-unit is to teach to the student the rules on administrative procedure as contained in article 469A of the Code of Organization and Civil Procedure; the Administrative Justice Act and in other ordinary legislation which establishes review boards and tribunals which hear appeals from decisions from public officers and public corporations as well as the appeals which can be lodged to the Court of Appeal from decisions of these boards and tribunals.

Learning Outcomes:

1. Knowledge & Understanding:
By the end of the study-unit the student will be able to:

(a) know the applicable rules of judicial review of administrative action;
(b) understand the procedure before the Administrative Review Tribunal;
(c) know the procedure before various review boards and tribunals;
(d) comprehend the procedure for appeals from decisions of various review boards and tribunals.

2. Skills:
By the end of the study-unit the student will be able to:

(a) identity the rules regulating judicial review of administrative action and the case law which has developed on this topic;
(b) comment upon the procedure before the Administrative Review Tribunal;
(c) prepare a write up on the procedure followed by review boards and tribunals when reviewing decisions of the public administration (public officers and public corporations);
(d) interpret judgments of the Court of Appeal which have reviewed decisions of the reviewing boards and tribunals.

Main Text/s and any supplementary readings:

Latest Edition of:

H.W.R. Wade and C.S. Forsyth, Administrative Law, Oxford, Oxford University Press, 2004 (ninth edition)
P.P. Craig, Administrative Law, Sweet & Maxwell, London. 2003 (fifth edition)
David Foulkes, Administrative Law, Butterworths, London, 1990.

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM2 Yes 100%

 
LECTURER/S Tonio Borg
Ivan Mifsud

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit