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RESEARCH ACADEMY

RESEARCH

Administrative Law

Management and Monetization of Public Assets

projetos
External Researchers:
Marco Capitão Ferreira; Filipe Brito Bastos
Financing:
UIDB/04310/2020
Project Status:
Ongoing
projetos

Summary

Public assets and the way in which they are acquired, managed and disposed of by the Public Administration are fundamental instruments in the exercise of the different administrative tasks carried out by public legal entities and private legal entities dedicated to the exercise of administrative functions: without the use and enjoyment of public goods, the Public Administration would face natural difficulties in carrying out its respective duties. The scientific relevance of this project also results from the fact that the management and profitability of public goods and, overall, the branch of Administrative Property Law, are recurrently the “poor relatives” of legal-administrative scientific work in Portugal, deserving a predominantly incidental treatment , something that contrasts with its relevance in the specific exercise of administrative functions. Therefore, the investigation of the legal framework for the management and profitability of public assets proves to be fundamental for a full understanding of administrative activity, as well as its economic component, making it essential to take into account the repercussions that the answers found may have on the dynamics of administrative action and the use of available resources. Furthermore, the timetable defined for this research project coincides with the requirement for a “certain” economic-financial restraint by the Public Administration in a period of post-financial assistance to Portugal, reinforcing the relevance and urgency of this project. Finally, it should be noted that the investigation to be carried out is not limited to a strict legal-administrative analysis. Specifically, the management of public assets (integrated both in the public domain and in the private domain of Administration) will also have to be analysed in the light of legal-economic sciences, so the composition of the research team reflects this concern.

Objectives

One of the main objectives of the research project is the analysis of the most relevant national legal regimes in terms of management and profitability of public assets, namely:
a) Preliminary systematic analysis of the most relevant national legal regimes regarding the management and profitability of public assets, complemented with a comparative law analysis of the rules and principles applicable to the management and profitability of public assets;
b) Approach to the management and profitability of public assets depending on the types of Public Administration – direct, indirect, autonomous, independent, corporate and non-corporate;
c) Study of the management and profitability of public assets by private legal entities that “assist” in the performance of administrative tasks;
d) Understanding and delimiting the principles and rules applicable to the inter-administrative management of public goods (e.g. onerousness versus gratuitousness in the “sharing” of public goods between administrative entities; ownership changes; overlapping of allocations; inter-administrative contracts) as opposed to the management of public goods in direct relationship with individuals (e.g. monetization of public goods through their use by individuals);
e) Analysis of the methods of acquiring and disposing of public assets based on their profitability and the principles and rules applicable to the management of public assets;
f) Study of possible innovative forms of supervision of the management of public assets (internal; external; independent supervision);
g) Framework for civil society participation in decisions regarding the management of public assets (e.g. participation of associations; foundations; interested parties);
h) Judicial control of the management of public assets: context in administrative jurisdiction; control criteria; limits to judicial “intervention”.

Relevance

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Lisbon Public Law Research Centre

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