Notes, abstracts, papers, exams and problems of Law & Jurisprudence

Sources of Law in Spain

Under Spanish law, Article 1 of the Civil Code outlines the sources of law in the following order:

• Law
• Custom
• General Principles of Law

If a case lacks an applicable law, custom shall apply. If there is no custom, the general principles of law (derecho) apply. Law is produced by bodies with legislative power.

Ordinary Laws

Ordinary laws originate from Parliament and are approved by a simple majority in both the Congress and the Senate. A simple majority is achieved with half plus one of the representatives' votes. These laws may be approved by both Congress and the Senate or the legislative standing committees, provided the ability to approve has been delegated.

Organic Laws

Organic Laws are adopted through a special procedure... Continue reading "Understanding Spanish Law: Sources, Application, and Government Rules" »

Political Groups: Evolution and Function

These political groups are different from those of today, operating both in Parliament and in public opinion. From a political point of view, it should be noted that initially, significant groups were those with a specific activity and those linked to their position as representatives in Parliament. The key feature is that there was no organization.

They had an informal character. Schools of thought were primarily specific cases but may or may not have coincided in their assessment.

Their function differed depending on the practice of each country. Two situations could occur:

• In the event that the State had a solid agreement on the budget, the parties acted with a permanent tension between them, creating

Embezzlement of Public Funds

Article 432.1: This article addresses the core offense, which involves a public official stealing public revenues or assets entrusted to them due to their position. This is considered passive embezzlement when the official allows a third party to steal said funds. The perpetrator must be a public official, as defined in Article 24 of the Penal Code. The act involves 'stealing,' which is equivalent to 'appropriating' with the intent to incorporate the assets into their own or a third party's possession. 'Funds' are defined as anything of economic value belonging to the Administration, not necessarily already within the public treasury. The official must have control of these funds due to their position; otherwise,... Continue reading "Misappropriation of Public Funds in Spain" »

The Standard of the CCAA

The rules of the Autonomous Communities (CCAA) are of equal rank to those of the state but do not interfere with each other. This is because the CCAA can only make rules on issues included in those powers which have been transferred or included in their statutes of autonomy. In case of conflict, state rules prevail over those of the CCAA. There are certain issues that CCAA cannot regulate, such as the army or ports.

Standards of Local Authorities

The provisions of local authorities (municipalities) are called ordinances, regulations, and sides. They are bound by the principle of hierarchy.

The Publicity of the Rules

For a law to be valid, the Constitution provides that the King must sign (sanction) and proclaim it as such... Continue reading "Understanding Spanish Legal Framework: CCAA, Local, and EU Laws" »

Procedural Specialties

Laws of Single Reading

These laws are recommended for their brevity and simplicity, allowing processing through a short, straightforward procedure.

Deployment of the Legislative Process

This is used when a bill is extremely short or addresses a matter with significant unanimity.

Project Proposal

Given the short project, it may be proposed to the full House for processing directly in a single reading, which opens a debate. Once held, the project moves to a vote.

Voting and Outcome

If the vote is favorable, the bill or proposition is approved; otherwise, it is rejected.

Procedural Specialty

The rank of the law remains unchanged; the specialty is purely procedural.

Laws Differentiated by Technical Complexity

These laws shorten procedures... Continue reading "Legislative Procedures: Simplified Laws and Budget Laws" »

1The esructura classes and public employment: l works contracted staff (workforce differentiate between fixed and fixed period) Officials of employment (without permanent employment, internal (need and urgency when there is no race officials), if any (positions of trust, not restricted to officials).
2Access public employment: gene ral principles (equality, merit, advertising) Common elements (the choice is made by, opposition (test capacity) competition (merit rating) or competi-opposition.
Income officials: requisistos (Spanish, older, possess the required certificate, not having illnesses inpidan develop activities, not having been separated from the administration. System (opposition). Procedure (invitation, request, approved lists, testing... Continue reading "Public Employment Structure and Procedures in Spain" »

Affirmative Action

• Affirmative action gives special consideration to traditionally disadvantaged groups to overcome past discrimination.
• The charge that some affirmative action programs discriminate against non-minorities is called reverse discrimination.
• As a result of the Bakke case, race cannot be the sole factor in admissions decisions.
• In Adarand Constructors, Inc. v. Pena, the Supreme Court ruled that affirmative action programs cannot use quotas.
• In Hopwood v. State of Texas, the Bakke decision was challenged.
• California's Proposition 209 ended all state-sponsored affirmative action programs.

Bilingual Education

• Bilingual education programs result from government policies favoring multiculturalism.
• In Lau v. Nichols, the Supreme Court ruled children

It's important to distinguish between the legal method's inability to guarantee the construction of reality and the ability to rely on it regardless of methodological control. The legal system doesn't perfectly mirror legal reality, but it requires it as a means to capture it instrumentally, even if provisionally. This relates to the connection between law and right. Denying their complete identification, as legalism assumes, is different from dismissing the law's role. The law is already tasked with assessing the latent features of the right.

The debate within the political body initiates a process of interpretation, weighing the demands of freedom and equality present in parliamentary group programs. The result establishes a broad framework... Continue reading "The Law: Security, Interpretation, and Social Control" »

Locke's Political Philosophy

State of Nature

The state of nature is the condition in which humanity existed before forming societies and establishing collective ties.

War and Peace

In the state of nature, there are no judges or positive laws to regulate behavior. Instead, natural law governs human conduct. Peace exists when force is not used without right, while war is a state of enmity and destruction. War can occur in both the state of nature and civil society, but it is not a necessity.

Natural Law

Natural law consists of certain rules of nature that govern human behavior and can be discovered through reason. Individuals are free to make rational decisions, and reason provides moral autonomy, making them independent of ecclesiastical authority.... Continue reading "Locke's Political Philosophy: State of Nature, Natural Law, and Civil Society" »

The European Commission

Composition and Appointment

The European Commission is the body representing the common interest of the whole European Union. It is an institution independent of the Member States, responsible for centrally managing the common affairs of the EU. Its functions are regulated in Article 17 of the Treaty on European Union (TEU) and Articles 244 onwards of the Treaty on the Functioning of the European Union (TFEU).

Article 17.1 TEU requires the Commission to promote the general interest of the Union and take appropriate initiatives to that end.

Composition

The Commission is a collegiate body consisting of as many Commissioners as there are Member States, specifically one national from each Member State. This includes the President... Continue reading "EU Commission: Composition, Appointment, and Role" »