SPES PROJECT2014 . 2020

PROJECT

In a time when the UN has included social economics among the Mil-lenium Development Goals; when the EU is advancing social entrepre-neurship-based strategies for growth and for the overcoming of the crisis; and when Portugal has passed socio-economics legislation, we consider exploration of this subject – one so often overlooked in Law Schools - to be critically needed and very relevant at the social level. Given this con-text, the teaching, research and development Project labelled “Sociality, Poverty(ies) and Social Exclusion” (SPES) naturally appears as part of UCILeR’s research activities.

As part of the research strategy, the group has decided to promote a work programme on this very topic which is to rely on two complemen-tary momenta: (i) one internal and with a special emphasis on teamwork among the researchers, which will include coordination of second cycle curricular units in Law – to wit, Constitutional Law I, Tax Law I, Pub-lic Law II and Social Security Law – as well as coordination of students’ research work in the aforementioned areas; (ii) the other is external, ow-ing to its orientation towards dissemination of research outputs and the pursuit of exchange with Society. By means of various initiatives, we will bring together second cycle and PhD students linked to this project, researchers from other Faculties, and also representatives of institutions from this economic sector.

RESEARCH TEAM

PRINCIPAL INVESTIGATOR OF THE “CRISIS, SUSTAIN-ABILITY AND CITIZENSHIP” GROUP

José Carlos Vieira de Andrade

RESEARCHERS Fernando Alves Correia

Rui Moura Ramos Anabela Miranda Rodrigues

Rui de Figueiredo Marcos José Casalta Nabais

Vital Moreira Jónatas Machado

José Manuel Aroso Linhares António Vieira Cura João Carlos Loureiro

Alexandra Aragão Pedro Caeiro

Francisco Ferreira de Almeida Suzana Tavares da Silva

Fernanda Paula Oliveira Paula Veiga

Ana Raquel Moniz Sara Moreno Pires

Cláudia Santos Licínio Lopes Martins

PUBLICAÇÕES

Proceedings of the Seminar on Socio- and civil Economics: a practical snapshop and theoretical

perspectives – which pathways for the future?”

Forthcoming

Proceedings of the Seminar on Socio- and civil Economics: legal framework and

praxeological dimensions

Forthcoming

STUDIES Socioeconomics and Taxation

Forthcoming

PhD Programme in WELFARE STATE, CONSTITUTION

AND POVERTY

PhD Programme in Welfare State,

Constitution and PovertyCycle of Lectures

Constitution, Politics and ScarcityJoão Carlos Loureiro

João Nogueira de AlmeidaLicínio Lopes Martins

Trans-Statehood and SustainabilityRui Manuel Moura Ramos

Vital Moreira

Constitution, Politics and CrisisFernando Pinto Bronze

José Manuel Aroso LinharesAntónio Vieira Cura

Suzana Tavares da Silva

Fundamental Rights and the Welfare StateJosé Carlos Vieira de Andrade

José Casalta NabaisFernanda Paula Oliveira

Ana Raquel Moniz

Timeframe for the Lectures

JANUARY 2015

Monday Tuesday Wednesday Thrusday Friday saTurday

7.JAN10h . 13h CPE

14.30h . 17.30h TS

8.JAN10h . 13h DFES

14.30h . 17.30h CPC

9.JAN10h . 13h CPE

14.30h . 17.30h CPC

12.JAN10h . 13h DFES

14.30h . 17.30h CPC

13.JAN10h .13h CPE

14.30h . 17.30h TS

14.JAN10h .13h DFES

14.30h . 17.30h CPC

21.JAN10h . 13h CPE

14.30h . 17.30h TS

22.JAN10h .13h CPC

14.30h . 17.30h DFES

23.JAN10h-13h CPE

14.30h . 17.30h TS

26.JAN10h . 13h DFES

14.30h . 17.30h CPC

27.JAN10h .13h CPE

14.30h . 17.30h TS

28.JAN10h .13h DFES

14.30h . 17.30h CPC

29.JAN

International Seminary

30.JAN

International Seminary

Contents

CONSTITUTION, POLITICS AND SCARCITY

João Carlos Loureiro

I – CONCEPTUAL ROAD MAP 1. Constitution and constitutionalism(s) 2. Politics and policies 3. Scarcity: history, typology and different levels 4.Sociality:areflectionontheconcept

II – POLITICS, SOCIALITY AND SCARCITY 1. Circumstance(s) 2. Articulations 2.1. Politics/policies and sociality 2.2. Politics/policies and scarcity 2.3. Sociality and scarcity 2.4. Politics, sociality and scarcity 3. Fields 4. Times

III – A CONTRIBUTION TOWARDS A DOGMATICS OF SPECIAL SCARCITY 1. Modern Age Mythologies 1.1. Emancipatory metanarrative 1.2. Progress 2. Applications 2.1. The Constitution as a driving force and the prohibition of social retrogression or reactionary social evolution 2.2. Critique: guidelines towards a new paradigm 3. Areas of experimentation 3.1. Social insurance: the public pension system 3.2. Health: the case for rationing

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João Nogueira de AlmeidaSCARCITY AND INCOME REDISTRIBUTION

1. Scarcityandefficiencyintheproduction2. Scarcity and distribution3. Distribution through pricing4. Redistribution through taxation5. The values underpinning public ownership and public redistribution6. Market-basedincomedistribution:salaries,income,interestandprofits

Licínio Lopes MartinsTHE ADMINISTRATION OF SCARCITY

I - THE ADMINISTRATIVE LAW OF SCARCITY 1. Public goods (and public services) as scarce commodities2. The economic theory of public goods, the public choice theory and the principle

of selectivity 3. Scarcity and Public Administration reform: from wellbeing Administration to

the Administration of scarcity 4. Scarcity and basic public services 5. Scarcity and administrative rationing of public goods and services6. Administrative decision-making in a context of scarcity and the opportunity costs(thecost-benefitprinciple)

7. Scarcity and Administration of risk (the precautionary, efficiency andsustainability principles)

8. Scarcity, public authorizations and concessions and (administrative) acts constituting rights

9. Scarcity and administrative activity programming: planning/programming discretion and discretion relating to the implementation of public policies

10. The contract as an instrument for the regulation of scarcity (access to public goods and services, in particular)

11. Scarcity and the competition principle12. Scarcity and State regulatory activity 13. Scarcity and the civil liability of the Administration14. Administration of scarcity and judicial control of administrative decisions

II – CASE LAW ADMINISTRATION OF SCARCITY 1. Constitutional Court case law 2. Court of Auditors case law

TRANS-STATEHOOD AND SUSTAINABILITY

Rui Moura RamosTHE INTERCONNECTION BETWEEN THE DIFFERENT LEGAL SYSTEMS

1. The tradition view: the domestic order-centered perspective and its definition ofthe interconnection among the different legal systems. The various reception modes oflegalsystemsunrelatedtoaspecificdomesticorder.Themostfrequenttypesofsituations: foreign domestic orders, international law and canon law.

2. The change of perspective brought about by the EU legal order. The fact that the EU legalorderhastakenuponitselfthedefinitionofitsinterconnectionwiththelegalsystems of the Member-States. The judicial nature of this solution and the terms under which the legal systems of the Member-States are to accept it.

3. The importance of judicial bodies in such a context. The fragmentation of the international order and the proliferation of international jurisdictions.

4. The incorporation into the global legal order and the different views adopted by the international jurisdictions: examples taken from the tension between economic freedoms and social rights. Which options towards a systemic construction. The case of the EU legal order: decoupling of the social and the economic order versus the possibilityofaconflictualconstruction.

5. Towards a synthesis.

Vital Martins MoreiraTHE OBJECTIVE OF SUSTAINABLE DEVELOPMENT IN EU’S INTERNATIONAL ECONOMIC POLICY

1. Introduction: economic globalization and sustainable development2. Liberalization of international trade and development within the WTO3. The precedent of the USA: the labor clause in the “General System of Preferences” and

the two NAFTA (North American Free Trade Agreement) supplementary agreements on labor and environmental issues

4. EU competence on development support and on foreign economic affairs5. The uptake of “sustainable development” be the EU6. The Lisbon Treaty “revolution”7. The EU “general trade preferences” regime and sustainable development8. EU bilateral trade liberalization agreements and sustainable development9. Assessment and prospects.

FUNDAMENTAL RIGHTS AND WELFARE STATE

José Carlos Vieira de AndradeI - SOCIAL RIGHTS IN THE PORTUGUESE LAW SYSTEM

1. The constitutional regime of economic, social and cultural rights2. Economicandfinancialcrisisandtheproblemsassociatedwiththejudicial

constitutional review of political austerity measures3. The near future of the Welfare State: the adaptation of the social rights concept andtheguidelinestowardsthedefinitionof“sociality”.

II - THE JUDICIAL PRACTICE OF SOCIAL RIGHTS IN THE GLOBAL LEGAL ORDER

1. German, Italian and Spanish case law2. Hungarian case law3. European case law4. Brazilian case law5. Common-law countries case law

José Casalta Nabais1. The base social contract of fundamental rights and duties

1.1. the 18th/19th century concept of social contract1.2. Social contract rediscovery in the 20th century: John Rawls 1.3. Its calling into question by Amartya Sen’s idea of justice

2. A general theory of fundamental duties 2.1. The disregard for duties in the 20th century2.2. Duties as an autonomous category 2.3. Foundations and notion of fundamental duties2.4. The fundamental duties system 2.5. Relation between fundamental duties and fundamental rights

3. Fundamental duties as the cost of rights 3.1. All rights entail public costs 3.2. Thefiscalstate

3.2.1. Theconceptoffiscalstate3.2.2. Exclusion of a patrimonial state 3.2.3. The «taxing» state as a false alternative

4. Theideiaoffiscalcitizenshipintheglobalizationera4.1. Theideiaoffiscalcitizenship4.2. The fundamental duties under the current globalization system

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Fernanda Paula Oliveira

RIGHT TO HOUSING AND RIGHT TO HOUSING PUBLIC POLICIES

1. The right to housing as a social right: its constitutional shape2. Housing issues, especially in the cities, and public policies aimed at enforcing the

right to housing3. The relation between the right to housing and urban planning law: the principle of

social sustainability.

Ana Raquel Moniz

ETHICAL CHALLENGES TO THE FUNDAMENTAL RIGHTS OF THE DEMOCRATIC, WELFARE, RULE OF LAW STATE

I – Fundamental rights as “ethical proclamations” in the Welfare State1. The priority of fundamental rights vis-à-vis organizational forms of the societies,

and their imposition on the international community and the national States2. Fundamental rights, ethics and legal system3. The fundamental rights and the rehabilitation of the idea that the State is bound

by public values

II – The projection of fundamental rights dogmatics in the current political, economic and social circumstance

1. Democracy and citizenship2. Solidarity and scarcity3. Privacy and information technologies4. The opening up of borders and entitlement of rights by foreign citizens5. Security and terrorism6. Third party effect of fundamental rights and private autonomy

CONSTITUTION, POLITICS AND CRISIS

Fernando Pinto Bronze

JUDICIAL ADJUDICATION OF THE LAW

Part I - Judgment and decision

1. The meaning of juridical methodology2. The rationality involved3. The methodical scheme involved4. The constitutional problem of court decisions legitimation

José Manuel Aroso Linhares

JUDICIAL ADJUDICATION OF THE LAW

Part II - Adjudication and methodological unity

• Does the thesis of a methodological unity still make sense today?• The challenge created by the evidence issue.• The challenge created by the autonomization of hard cases.• A tentative answer tackling the juridicity/constitutionality relation.

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António Vieira Cura

ROMAN REPUBLIC, DEMOCRACY AND CRISIS

I. Res publica romana and democracy: whether or not there was a democracy (civitas popularis) in Rome.

II. The republican political constitution: early shape and transformations.III. The crisis of the republican constitution and its (political, economic and social)

causes.IV. Republican underpinnings of modern political and constitutional theory.

Suzana Tavares da SilvaCONSTITUTIONALISM(S) AND POLITICAL SUSTAINABILITY

I. Constitutionalism and politics

1. Checks and balances, separation of powers and the emergence of the fourth power2. Revisiting the separation of powers: dimensions leading to put it into practice3. The new holders of power: government, governance e guidance4. Economic development and democracy viewed from a comparative law

vantage point: liberal systems, social market systems, regulatory capitalism and authoritarian capitalism (Asian Values approach to governance)

II. Political sustainability

1. Post-democracy2. Shortcomings and risks of direct democracy and electronic democracy3. Dimensions and implementation of accountability5. Transparency,simplificationandcitizenship

THE PROJECT IN THE

FUTURE

IN EDUCATION...

•PhD Annual Programme•Education in the 2nd Cycle (Master’s Degrees)•Annual cycle of January Conferences•Annual International Seminar

IN THE RESEARCH...

•Sustainabilit(ies) of the Social Systems•New citizenships•Crisis of the Law•Internormativity and Complex Legal Systems

PUBLICATIONS

• Sociality, Law and Citizenship (Biannual Journal)•Doctoral and Master’s Theses•Monographies•Proceedings of the Conferences and Seminars•Essays

SPES | SOCIALITY, POVERT(IES) AND SOCIAL EXCLUSIONFaculty of Law Institute for Legal Research of the University of Coimbra Pátio da Universidade | 3004-545 Coimbra | PORTUGAL

Tel: +351239859801 | Email: spes2013@fd.uc.pt