Public, Constitutional, and Administrative Law: Powers and Limits
Constitutional law
Begin with the structure of the state: the separation of powers, the federal structure, the distribution of competences, and the role of the Constitutional Court. Know the hierarchy of norms and the principle of legality. Study fundamental rights and their horizontal and vertical effect, the principle of equality and non-discrimination, and the limits on restricting rights. Understand the rules on the formation of government, parliamentary control, and the dissolution of parliament. Know the sources of international and European law in the domestic order and the conditions for their direct effect.
Administrative law
Master the principles of proper administration: legality, legal certainty, proportionality, motivation of decisions, the right to be heard, and the duty to state reasons. Know the distinction between discretionary and bound powers, and the grounds for annulment by the administrative court (lack of competence, procedural defect, manifest error, misuse of power). Study administrative contracts, public procurement, and the rules on expropriation and public domain. Understand the role of the Council of State, the deadlines for appeal, and the effect of annulment.
Traps
Questions often test whether a decision is motivated sufficiently and whether the right to be heard was respected. Watch for the difference between annulment and suspension, and between legality review and review of the merits.
Rule of thumb
For any administrative decision, check competence, procedure, motivation, and proportionality, in that order.