Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

Collective Agreement Timeframes and Termination

Temporal Scope: Parties have the freedom to define the agreement's timeframe, including the start date and duration. They can set different validity periods for specific subjects or groups within the agreement and even apply retroactive effects. Two key aspects must be considered:

1. Effective Implementation of the Agreed Time

   When the set deadline arrives, two scenarios can occur:

   • No Express Allegation

     If the parties agree to maintain the agreement beyond the original period, it extends from year to year.

   • Report of Termination

     If the parties want to end the agreement and negotiate a new one, the following applies until a new agreement is reached:

     • Obligational clauses become outdated and can be used to negotiate

Article 71: Prescription of Administrative Decisions

When a subject opposes the execution of an administrative decision, alleging prescription, the administrative authority with jurisdiction over the case shall, within thirty (30) days, verify the time elapsed and any interruptions or suspensions, if applicable, and decide accordingly.

Chapter IV: Publication and Notification of Administrative Acts

Article 72: Publication of General Administrative Acts

General administrative acts, or those of interest to an indeterminate number of persons, shall be published in the Official Gazette corresponding to the agency's decision. Exceptions are administrative acts relating to the administration's internal affairs. Administrative acts for individuals will... Continue reading "Administrative Acts: Publication, Notification, and Execution" »

**Bylaws: The Operating Rules of a Company**

**Company Name**

When choosing a company name, you must consider the following:

• **Subjective Denomination:** If the name includes a person's name, you must obtain their permission.
• **Objective Denomination:** This refers to a specific activity. The activity must be officially included in the articles of association.
• **Trade Name:** This does not refer to a subject or an object.
• *The name cannot be the same as any previously registered name.*

**Purpose**

The purpose is the activity or activities that the company will perform. It must be legal, possible, and certain.

**Registered Office**

The registered office is the official address of the company's headquarters. It can also be the location of the primary place... Continue reading "Understanding Company Bylaws: Key Elements and Formation" »

Legal Framework of Immigration in the European Union

EU Policy

From the Treaty of Rome to the Treaty of Lisbon

The Treaty of Lisbon (in force since December 1, 2009) has significantly altered the legal framework for immigration within the European Union.

Article 2(C) establishes shared competence between the Union and the Member States within the area of freedom, security, and justice.

Article 5(b) states that in defining and implementing its policies and actions, "the Union shall aim to combat discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation."

Article 62, paragraph 1 outlines that the Union shall develop a policy aimed at:

• a) Ensuring the total absence of controls on persons, whatever their

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" »

The Bill of Rights: Protecting Individual Freedoms

After the leaders of the new United States wrote the Constitution, they had to get the thirteen states to agree to it. Some of the states did not want to agree unless they could add some specific rights for individual people. So, in 1791, the United States added ten new rights to the Constitution. These are called the Bill of Rights. Here are the ten rights included in the Bill of Rights:

The Ten Amendments Explained

1. First Amendment: Freedoms of Expression

   Congress cannot make any law about your religion, or stop you from practicing your religion, or keep you from saying whatever you want, or publishing whatever you want (like in a newspaper or a book). And Congress cannot stop you from meeting

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" »

The Principle of Legal Certainty

The Spanish Constitution (CE) seeks to establish the principle of legal certainty, as outlined in Article 9.3: "The Constitution guarantees the principle of legality, the hierarchy of norms, the publicity of standards, the non-retroactivity of punitive provisions that are not favorable or restrictive of individual rights, legal certainty, accountability, and the prohibition of arbitrary public authorities."

Essential Requirements for Legal Certainty

To achieve legal certainty, certain standards must be met. Citizens need to be knowledgeable about these rules and be able to anticipate the consequences of their actions, understanding what can happen if they break them. Key requirements for legal certainty include:... Continue reading "Ensuring Legal Certainty: Foundations and Challenges" »