1 2 Public Administration Programmes in Portugal

Professor Joao Caupers, Lisbon University Law School

12.1 HISTORICAL FRAMEWORK It is quite a task writing about the historical framework of public administration in Portugal. Rectius, it is quite a task writing about public administration tout court in this country. The idea of history itself supposes and demands a past. Public administration, being still a child in Portugal, has the past of an infant. Its memories are the memories of the very first steps. We did not have in Portugal any cameralists: if the German professors, like Justi and Sonnenfels, that Wilson mentioned in his famous paper The Study of Administration, were followed in France and in Spain by authors like Delamare and Valeriola Rimbau, that was not the case in Portugal. As far as I know, nobody wrote about Public Administration until the twentieth century. We had, it is true, more than a century ago (1861), our Estudos de Administracao, from a Law Professor, Lobo d'Avila. But this Estudos are much closer from the Vivien's Etudes d'Administration than from the Stein's Verwaltungslehre: the book is mainly an administrative law book. The look into public administration is a look through a lens made on administrative law rules and principles, which monopolised Portuguese administrative thought, under the influence of Laferriere, Orlando and Otto Mayer, during the late 80s and almost all the 90s. However, since the beginning of the twentieth century a tradition has arisen: in the two existing law schools Ð Coimbra and Lisbon Ð the study of administrative law included a few subjects different from law, such as decentralisation, field administration and delegation. Nonetheless, Public Administration, as a scientific field was ignored. It is believed that Public Administration, as an autonomous scientific field, was taught for the first time in a Portuguese university during the 1950s, in the Instituto Superior de Ciencias Sociais e Politica Ultramarina. This college belonged to the Universidade Tecnica de Lisboa and its main purpose was the training of executives for the colonial administration. In 1966, a small Public Administration graduate programme was taught at the Faculdade de Direito da Universidade de Lisboa. The 1974 revolution put an end to an era of mistrust, concerning not only Public Administration but every social science. In 1980, the Instituto Superior de Ciencias Sociais e Politicas Ð which succeeded the

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above mentionedÐ- began teaching a four years course called Public Administration. In the same year, the Escola de Economia e Gestao (Universidade do Minho) began teaching a five years course called Public Administration for regional and local governments. In 1990 the name was changed to Public Administration. Besides these two courses Ð which are the two main courses taught in public universities Ð the two schools also have Public Administration programmes for graduate students (masters). In some other schools, namely law schools, the five years law courses received a one semester administrative science subject (Universidade de Lisboa, Faculdade de Direito, and Universidade de Nova de Lisboa, Faculdade de Direito). The first one has also, for the past three years, provided a one year programme for graduate students which includes a variety of subjects close to Public Administration, by the name of Legal Administrative Sciences (Curso de Pos-Graduacao em Ciencias Juridico-Administrativas). Outside public universities Ð all the above mentioned Ð two private universities have Public Administration courses: Universidade Independente has a four years course name Regional and local administration and Universidade Portucalense has a five year course entitled Local administration.

12.2 INSTITUTIONAL SETTING Instituto Superiour de Ciencias Sociais e Politicas Ð Universidade Tecnica de Lisboa This school has courses which are five years in duration in Public Administration, Social Policies, Anthropology and Journalism. It is neither a business school nor a law school. I would say that it is best known researchers are in the field of Political Science. Escola de Economia e Gestao Ð Universidade do Minho This is a business school which teaches Management and Public Administration. Faculdade de Direito Ð Universidade de Lisboa This is a law school which teaches Law and a few complementary subjects like Public Administration (within the field of Public Law) at the latter end of a five year course. Faculdade de Direito Ð Universidade Nova de Lisboa This is a new law school which began operating this year. Following a totally different concept of a law school Ð closer to the USA model and far from the continental European tradition Ð it will teach, on a cross disciplinary approach, subjects very different from the classical law branches. Students in the first five year programme (the only one currently being taught) have already undertaken a semester of Public Administration. Universidade Independente This is a private college in Lisbon.

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Universidade Portucalense This is a private college in O'Porto.

POSTIONING ACADEMIC PROGRAMMES IN PUBLIC ADMINISTRATION IN RELATION TO THE DISCIPLINES TO WHICH THEY ARE MOST CLOSELY RELATED Escola de Economia e Gestao Ð Universidade do Minho, being a business school, follows mainly a managerial approach. The economic subjects take the place of honour in the curricula: ten subjects belong to the economic field, eight to the social/political sciences field and six to the law field. Instituto Superior de Ciencias Sociais e Politicas Ð Universidade Tecnica de Lisboa follows mainly a political science approach: twelve subjects belong to the social/political sciences field, six to the economic field and four to the law field. Both Universidade Independente and Universidade Portucalense seem to have received a higher influence from the legal approach: Ð

in the first one, seven subjectts belong to the law field, twelve to the social/ political sciences field and five to the economic field.

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in the second one, eleven subjects belong to the law field, twelve to the social/ political sciences field and nine to the economic field.

Law schools Ð Faculdade de Direito Ð Universidade de Lisboa and Faculdade de Direito Ð Universidade Nova de Lisboa Ð follow, obviously, a legal approach. However, one must take into consideration that all courses and programmes are quite new: they are still ÔmovingÕ and the major approach may change from one year to the following depending on the background of the most important teachers in each course or programme.

12.4 COMPARATIVE ANALYSIS OF THE CONTENTS OF PUBLIC ADMINISTRATION PROGRAMMES 1

Instituto Superior de Ciencias Sociais e Politicas Ð Universidade Tecnica de Lisboa Ð Public Administration Degree : licenciado. Entry requirements: twelve years of education. Minimum years : four.

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Escola de Economia e Gestao Ð Universidade do Minho Ð Public Administration Degree : licenciado. Entry requirements: twelve years of education. Minimum years : five.

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Universidade Independente Ð Regional and Local Administration Degree : licenciado.

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Entry requirements: twelve years of education. Minimum years : four. 4

Universidade Portucalense Ð Local Administration Degree : licenciado. Entry requirements: twelve years of education. Minimum years : five.

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Instituto Superior de Ciencias Sociais e Politicas Ð Universidade Tecnica de Lisboa Ð Public Administration Degree : mestre. Entry requirements : degree of licenciado Minimum years : two.

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Escola Superior de Economia e Gestao Ð Universidade do Minho Ð Public Administration Degree : mestre. Entry requirements : degree of licenciado (grades higher than 14/20). Minimum years : two.

12.5 THE EUROPEAN AND COMPARATIVE DIMENSION The European and comparative dimension is a very poor one in every course and programme. In fact, on the one hand, we find no subject concerning comparative Public Administration; on the other hand, European Union problems are under represented; all we have are a few European Union general subjects: Ð

ÔEuropean Union InstitutionsÕ and ÔEuropean Union LawÕ (Universidade Independente and Escola de Economia e Gestao Ð Universidade do Minho);

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ÔEuropean CommunitiesÕ and ÔEuropean Union LawÕ (Universidade Portucalense);

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ÔEuropean co-operation problemsÕ and ÔEuropean Union administration and policiesÕ (Instituto Superior de Ciencias Sociais e Politicas Ð Universidade Tecnica de Lisboa, masters' level);

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ÔPortugal and the European UnionÕ (Escola de Economia e Gestao Ð Universidade do Minho, masters' level).

12.6 RESEARCH In regard to research, there is not much to report as Public Administration is not a major research field in Portugal. I am not aware of any research centre in Public Administration within the Portuguese universities. In addition, within the university world in Portugal, a system of thesis registration does not exist, as it does in some countries. This makes the Ôresearch of the researchersÕ a hard task: in spite of being a small country, it is not easy to find and meet other researchers. That is why I will not provide, in Annex 12.3, full contact information for every researcher identified in this 326

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section. In spite of the weakness of Public Administration research in Portugal, there are a few individual researchers who published or presented their works in the last five years. The following are some examples. a

In Instituto Superior de Ciencias Sociais e Politicas Ð Universidade Tecnica de Lisboa : Luis S.A., A crise das fronteiras. Estado, Administracao Publica e Uniao Europeia (The borders' crisis. State, Public Administration and the European Union), Cosmos, Lisboa, 1997 (doctoral dissertation);

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In Escola de Economia e Gestao Ð Universidade do Minho: Joaquim Araujo, Tendencias da Reforma da Administracao Publica na Comunidade, particularmente em Portugal (Trends of the Administrative Reform with the European Union, namely in Portugal), still unpublished; M. Farhangmehr and M.L. Machado, Planeamento nas Organizacoes Publicas: a Pratica e a Percepcao dos Administradores (Planning in public organisations: administrators' praxis and perception), In Proceedings of the XX ENANPAS, Brasil, 1996;

c

In Faculdade de Direito Ð Universidade de Lisboa: Joao Caupers, A Administracao periferica do Estado. Estudo de ciencia da Administracao (State's field administration. An administrative science study), Aequitas/Noticias, Lisboa, 1994;

d

In Faculdade de Economia Ð Universidade de Coimbra: Boaventura Sousa Santos, Maria Manuel Leitao Marques, Joao Pedroso, Pedro Lopes Ferreira, Os tribunais nas sociedades contemporaneas O caso portugues (Courts of law in modern societies: The Portuguese case), Afrontamento, Lisboa, 1996.

Outside the universities, we may also find some research in Public Administration. Instituto Nacional de Administracao (training school for civil servants belonging to the state) is the most important research centre and it is developing a few projects: Ð

A produtividade na Administracao Publica (Productivity in Public Administration);

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Um Caso do Modernizacao Administrativa: As Agencias Executivas (A case in administrative modernization : executive agencies);

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O Emprego Publico : Antecipar a Mudanca Gerir a mudanca (Public Employment: anticipating change, managing change);

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Sistemas de Informacao para Apoio as Politicas de Administracao Publica (Information Systems to support Public Administration Policies);

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A avaliacao da Administracao Publica (Evaluation in Public Administration).

In Centro de Estudos e Formacao Autarquica (training school for local administration workers) there is also a little research in Public Administration, mainly applied research. A good sample is Francisco H. Valente's work Como decidir melhor na Administracao Publica (how to reach a better decision in Public Administration), CEFA,

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Coimbra, 1995.

Two research groups gave birth to interesting works on applied Public Administration: Ð

Luis Rodrigues, Joao Martins Claro, Pedro Lima, Paula Garrido and Raul Rego, sponsored by Azores Regional Government and by a private foundation, produced O cidadao e a sua Administracao (the citizen and its Public Administration), a study about the degree of satisfaction of the Azores' citizens with their regional and local administrations, published in 1992;

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Maria Manuel Leitaao Marques, Ana Isabel Santos e Sandra Nogueira, sponsored by the Conselho Economico e Social (Portuguese Social and Economic Committee), published a study on Administracao Consultiva em Portugal (Consultative Public Administration), Lisboa, 1996.

It is quite easy to check that only two of the above mentioned works concern a European Union subject Luis Sa's dissertation, A crise das fronteiras. Estado, Administracao Publica e Uniao Europeia and Jaoquim Araujo's dissertation, Tendancias da Reforma da Administracao Publica na Comunidade, particularmente em Portugal. These are true exceptions since almost every researcher in Public Administration lacks interest in European Union administrative problems (the first one is an easy understandable exception, since the author was, for a few years, a member of the European Parlia-

12.7

ment).

RELATIONS WITH THE PROFESSION It was impossible to find (though they may exist) any kind of agreements between universities and national or local authorities concerning the entry of graduate students in the civil service. The feeling (which, in this country, has almost the same value as statistics) is that public organisations, when recruiting people, don't endorse a major importance to a Public Adminisration degree: depending on the job description, they still prefer an engineer, a vetinary, an economist or a lawyer. This is probably because Public Administration degrees are new and the graduates don't have, yet, a consolidated reputation. Obviously, the situation is not the same when we take into consideration the nonuniversity institutions working in the field of in-service training and staff development : the programmes offered by Instituto Nacional de Administracao, Centro de Estudos e Formacao Autarquica and Instituto de Gestao e Administracao Publica are build according to the needs of different state departments, local authorities and public organisations, in general. The purchase by the Government Ð or other authorities Ð of research services to the universities seldom happens in Portugal. However, there are some signs of a possible change: the Government now in place purchased to a few universities three

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research works in different fields Ð History, Law and Geography Ð all of them concerning the changing of our parliamentary elections system.

IN-SERVICE TRAINING AND STAFF DEVELOPMENT There are three major institutions providing in-service training and staff development: Instituto Nacional de Administracao and Centro de Estudos e Formacao Autarquica, already referred, and Instituto de Gestao e Administracao Publica. The first ones are public institutions, the last is a private institution, but almost totally owned by public organisations. Instituto Nacional de Administracao has six main areas: Ð Staff Development; Ð European Union subjects; Ð Information systems and technologies; Ð Languages; Ð Planning and pedagogy; Ð Civil servants general training. The European Union area will be taught from 1998. The relevant subjects are: European Union Treaty: from Maastricht to Amsterdam; European Union's enlargement towards Central Europe: chance and risks for the Portuguese economy; European Union cooperation policy; European Union and the new world trade rules; European Union administrative law; Competition law in the European Union; European Union jurisdiction; Portugal and Economic and Monetary Union: convergence and the European Union; European Union Ð political agenda at the entry of the twenty first century. Centro de Estudos e Formacao Autarquica provides several programmes for local authorities' servants; a few samples of the longer programmes: Ð

a two semesters (24 weeks) programme in local administration for civil servants with at least nine years of education;

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a two semesters (24 weeks) programme named Urban administration for graduated students;

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a four semesters (40 weeks) programme by the name of Cultural local affairs for students having a degree in history.

It provides also short programmes, mainly on subjects like human resource management, informatics, administrative procedure, financial management and public accounting. There are no programmes concerning European Union subjects.

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Instituto de Gestao e Administracao Publica provides mainly short programmes and seminars, more or less, in the same fields. It may be noted that none of these concern European Union problems.

CONCLUSIONS As noted at the beginning of this paper, it is not easy to write about Public Administration in Portugal; the many things which don't exist, added to the many others which (perhaps) exist in a parallel universe, outside my sources of information, turn Portuguese Public Administration in something close to the so called virtual reality. For that reason, the writing of this report was a painful task: squeezed between my sorrow for the lack of a past Ôrelevant for statistical purposesÕ and my wish to present as much data as possible. I almost gave into the temptation to invent a more pleasant reality Ð like the civil servants in that department, born from Orwell's imagination, who spent their days recreating yesterday's facts, so that history could always be convenient. But I did resist. The result is as close as possible to the truth Ð at least, my knowledge of the truth. Conclusions ? May be the first one should be to throw this report into the waste paper basket and hope for better days. But then again, if I do that, nobody will read these (lack of) conclusions. I believe the major conclusion that may arise from this report is that the lack of interest for the European dimension of Public Administration is the result of the prevailing lack of interest for public administration itself. This can be proved, a contrario, by the interest that lots of other European subjects produce, in so many different fields, in Portugal. One other conclusion may also arise: we have a strong tradition, imported from France, of studying most of the social problems through the legal rules which should regulate them. Perhaps in no other European country the sein-sollen is so more cherished than the sein.

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Last but not least: Portuguese, in general, don't pay much attention to organisational issues. As most people consider that the most significant national characteristic is the ability to improvise, we have a strong inclination to ignore planning, to forget figures Ð in a French expression on se dŽbrouille. This national idiosyncrasy produces several inconveniences. One of them being a

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Instituto Superior waste of time and money due to the insufficient programming and assessment. This could only be fought with a substantial increase of quality in public administration.

de Ciencias Sociais e The meaning of this is, obviously, more studying. Politicas

INSTITUTIONS AND PROGRAMME CONTENTS – PART I

Universidade Tecnica de Lisboa

Public Administration (two years) Ð First year in Public Administration missions and structures (includes planning and local government) Ð Public economy (includes public contracts) Ð European Union administration and policies Ð Decision theory (includes evaluation and control tools) Ð Management by goals** Ð European Union cooperation problems** The second year is fully dedicated to the preparation of an original dissertation that has to be submitted and approved by a board of professors following a discussion with the student.

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Escola de Economia e Gestao

Universidade do Minho

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Public Administration (two years) Curriculum: First year Portuguese public administration Marketing in public administration Finance administration Public organisation and management Public policies Administrative procedure Human resources management Project preparation three chosen subjects.

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Some of the subjects that may be selected: University administration Public sector economy Strategic planning Political economy Ð Portugal and European Union Health administration Urban law Environmental law Local government law.

The second year is fully dedicated to the preparation of an original dissertation that has to be

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submitted and approved by a board of professors following a discussion with the student.

ANNEX 12.2

1

Instituto

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Curriculum: Administrative science Administrative procedure Public Administration contracts Economic law

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Urban law Public Administration's judicial control Environmental law Civil service**

Superior de Ciencias Sociais

* Two semesters ** Seminar

e Politicas –

INSTITUTIONS AND PROGRAMME CONTENTS – PART II Universidade Tecnica de Lisboa –

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Public Administration (four year course) Curriculum: First year Introduction to social sciences* General principles of law* Economic and social history* Maths and Statistics for social sciences* English for social sciences*

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Third year Administrative science* Administrative law* Public finance* Political law Accounting Social policy and social security organisation; chosen subject

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Some of the subjects that may be chosen: Informatics Organisational planning Cost accounting Social psychology

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Public Administration (five year course) Curriculum: First year Introduction to Law Economics 1 Computer programming and informatics Maths Administrative Science Social Science method Financial Maths Political Science

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Second year Introduction to social sciences method* Anthropology* General sociology* Demography* Economics* English for social sciences II*

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Fourth Year Policitcal Science Diplomatic history International economics Labour and social security law Political and social theories International politics International cooperation Human Resource Management chosen subject research seminar

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Human resources policies Industrial Relations Urban sociology Local Government

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Second Year Economics 2 Regional and local economics Accounting Statistics Constitutional Law Organisation and methods Information and communication theory

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Third year Administrative law Cost accounting Economic forecasting History of political and social ideas Human Resource Management Money and credit Information systems Tax law

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Fifth year Project analysis Portuguese economy Urban law

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Some of the subjects that may be chosen Health administration School administration Monetary policy Local administration organisation

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Regional and Local Administration (four year course) Curriculum: First year Second year Local government theory* Ð Political sociology and local government* Social and Economic History* Ð Portuguese economy* Economics* Ð General accounting and budgeting* Organisational management Ð Political Science* Introduction to legal thought Ð Administrative Law* General sociology Ð Introduction to informatics Social psychology Ð Programming and databases

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Third year Constitutional law* European Union law* Development economy* Ecology and environment* General Geography* Urban policies*

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Local Administration (five year course) Curriculum: First year Administrative Science** Economics** Introduction to informatics** Fundamental concepts of law Organisation of the Portuguese state Introduction to Sociology Introduction to Anthropology

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Third year Civil Service Law** Local Administration Law** History of the Portuguese culture** Human Resources**

Universidade Independente

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Fourth year Audit Public finance and public accounting Portuguese Public Administration Civil Service law Decision support systems European Union institutions Strategic planning in the public sector European Union law Public policies

Organisational sociology International politics International economic relations

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Fourth year Corporate finance Environmental policies Administrative procedure law Tax procedure law Urban law seminar

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Second year Local administration history** Administrative Law** Finances and accounting** Applied informatics** Tax law Urban law

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Fourth year Project analysis Demography and statistics Environmental law 1 Transportations' economy

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European communities Local development theory

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Fifth year Political Science European Union Law 1 Economic policy

Direito Universidade de Lisboa

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Budget management and public accounting Applied statistics Environmental law 2 Urban policies Information and communication theory Social psychology

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Regional and urban economy Administrative procedure Decision support systems

Administrative Science (one semester in the fifth of a five year course (about 50 hours) Programme : Public Administration as a scientific object and as a scientific field: the idea of administration; sciences studying Public Administration. An administrative science for Public Administration: history; methods; approaches; studies. Public organisation Ð macro organisation: tasks; principles; ethics; context; power diffusion and segmentation; open file; relations between organisations. Public organisation Ð micro organisation: elements and structure. Administrative action Ð shapes and procedures: legal actions and field operations; rules and decisions; commands and agreements; rationalisation, administrative reform and modernisation; participation Administrative decisions: decision making; interests' protections; decision grounds; powers and duties; decision evaluation.

Public Administration Science (one semester in the first of a five year course (about 30 hours) Programme: Public Administration as a scientific object and as a scientific field: the idea of administration; sciences studying Public Administration.

Faculdade de Direito –

Universidade Nova de Lisboa

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ANNEX 12.3

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RESEARCHES IN PUBLIC ADMINISTRATION Luis Sa Universidade Internacional Ð Departamento de Direito Rue Vasco da Gama, 8 a 14 2685 PORTELA LRS Tel: 351.1.9405270 Fax: 351.1.9416672 2

Maria Manuel Leitao Marques Faculdade de Economia da Universidade de Coimbra Av. Dr. Dias da Silva, no. 165 3000 COIMBRA Tel: 351.39.790500 Fax: 351.39.403511

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Joaquim Araujo Escola de Economia e Geastao da Universidade do Minho Campus de Gualtar 4700 BRAGA Tel: 351.53.604200 Fax: 351.53.676375

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An administrative science for Public Administration: history; methods; approaches; studies. Public organisation Ð macro organisation: tasks; principles; ethics; context; power diffusion and segmentation; open file; relations between organisations. Public organisation Ð micro organisation: elements and structure. Administrative action Ð shapes and procedures: legal actions and field operations; rules and decisions; commands and agreements; rationalisation, administrative reform and modernisation; participation. Administrative decisions: decision making; interests' protection; decision grounds; powers and duties; decision evaluation.

* Two semesters ** Seminar

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Joao Caupers Faculdade de Direito da Universidade Nova de Lisboa Tv. Estevao Pinto Campolide 1070 LISBOA Tel: 351.1.3864292 Fax: 351.1.3862579

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