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

The Foundations of Modern Rights and Revolutions

Contrasting Revolutionary Ideals

The need to build a new world and a new political system based on two eminent values—individual natural rights—did not exclude the fact that the protagonists of this operation were proud Englishmen, sons of a historical constitutional tradition that had offered first-class contributions to the cause of rights and freedoms.

The root of the difference lay in an oppressive reality against which individual rights were asserted in both the American and French Revolutions.

• In the French Revolution, rights asserted themselves against the past of the Ancien Régime.
• In the American Revolution, there was no need to destroy any estates; it did not have to assert the rule

Warranties of Detention

The rights of detainees begin from the time of their arrest. Preventive detention may last no longer than strictly necessary to clarify the facts. In any case, the maximum duration is 72 hours, within which the detainee must be released or made available to the judicial authority. In terrorism cases, this period is extended to 5 days, and in cases of siege, up to 10 days.

When officials come to arrest, police must inform the detainee of the facts alleged against them, the reasons for their deprivation of liberty, and their constitutional rights. These rights are enshrined in Article 520 of the Code of Criminal Procedure:

• Right to remain silent: The detainee is not obligated to make a statement.
• Right not to self-incriminate:

Implementation of Measures to Reconcile Rights

• Right to Control: Compliance with labor, social security, employment, and health and safety regulations, agreements, and practices. Implementation of the principle of equal treatment and opportunities for women and men.
• Representatives have the necessary capacity and legal standing to pursue administrative and judicial proceedings, upon agreement by a majority of its members.

Other Legal Powers

Rights of Passive Information: Rights to be informed of business decisions about:

• External functional mobility
• Individual MSCT
• Individual transfers
• Transmission company redundancies of an economic objective

Right of Active Information: Consultation with representatives is required prior to:

• Collective MSCT transfers
• Redundancies

Right

Who Does Not Apply to the Labor Code?

Article 23. This Code does not apply to directors, managers, administrators, and other executives of the company who, due to their representative character, the importance of their salaries, the nature of their work, and their technical ability, enjoy remarkable independence in their work. In all cases where elements of subordination predominate, the provisions of this Code shall apply.

Object of the Work Contract

Article 29. The contract referred to in this Title pertains to any work performed for and under external dependence, encompassing any service, whether material, intellectual, or mixed, provided under regulated conditions.

The following are not included in the contract regulation established by this... Continue reading "Labor Code Essentials: Employment Contracts & Worker Rights" »

Legal Distinctions for Religious Groups in Spain

Spanish law makes two key distinctions regarding religious groups:

1. Public Response & Religious Freedom

   Groups have the right to religious freedom, extending to individuals and religious groups. However, this right is not absolute. If public order is disrupted, actions are unlawful, and the right to religious freedom will not apply. (Article 16.1 EC)

2. Legal Personality & Registration

   (Art 5 LORL) Groups are registered with the Registry of Religious Entities. Not all registered faiths have the same legal status:

   • Confessions with roots in Spain: These have access to cooperative agreements with the State (e.g., the Catholic Church, ERDF, CIE, FCI). The Catholic Church has a unique system of agreements

Decrees

Decrees are rules that have the force of law. If there is an extraordinary need, the Government may introduce provisional legislation that takes the form of a decree-law. Decree-laws may not affect the regulation of the basic institutions of the State, the rights and duties, freedoms, the regime of autonomous communities, or electoral law. Decree-laws must be immediately submitted for debate and voting by the entire Congress. If Congress is not in session, it must be called within 30 days of the decree's promulgation. Congress must vote on their ratification or repeal within that period.

Constitutional Court

The Constitutional Court is responsible for enforcing constitutional principles.

Composition

It consists of 12 members. The Constitution... Continue reading "Decrees, Constitutional Court, and Principles in Spain" »

Civil Liability Arising from Crime

Crime, in addition to the strictly criminal consequences, can also affect property and cause damage. This may result in the obligation to return property, repair damage, and compensate for harm caused by the offense. Those subject to these consequences are termed civilly liable. The civil claim can be pursued alongside the criminal case or separately through a distinct civil proceeding. The Spanish Law of Criminal Procedure (LECrim) generally holds the perpetrator of the act civilly liable, as specified in the Criminal Code (CP): "...any person criminally responsible for an act shall also be civilly responsible...". However, civil liability is often directed towards individuals other than the primary defendant.... Continue reading "Civil Liability and Parties in Spanish Criminal Proceedings" »

Legal Interventions: Telephone Communications

The doctrine and jurisprudence have largely addressed the omissions of the legislature regarding telephone communications. Such interventions may involve listening to or recording conversations, or simply monitoring calls made to or from a telephone. Once an order is issued, it shall be submitted directly to the telephone service provider for implementation. The outcome of the intervention must be presented to the court at the time ordered by the judge, and all relevant documentary data, along with any information for media dissemination, must be submitted.

Legal Interventions: Opening of Mail

Correspondence seized and referred to the judicial authority shall be opened for its content. This must be... Continue reading "Legal Interventions: Wiretaps, Mail Seizures, and Property Searches" »

Article 103: Contract Price Adjustment Conditions

Requirements for conducting appropriate price revisions:

1. The price review will take place when 20% of the contract has been executed and one review year has elapsed.
2. No price adjustment for fee-for-lease contracts, lease with option to purchase, or minor contracts.
3. The contract documents will detail the specific review formula and may specify conditions for its application.

Article 104: Price Adjustment System & Formulas

1. The price review is carried out with official formulas determined by the contracting authority. The Council of Ministers may adopt these formulas based on the report of the Advisory Board on Administrative Contracting.
2. The formulas reflect the contract price based on labor and

Labor Law Exam: Key Concepts

1. Characteristics of Overtime Work

• Its implementation is voluntary, unless agreed upon in collective agreements or employment contracts.
• Night workers and minors cannot work overtime.
• Hours worked to prevent or repair imminent damage, or other extraordinary and urgent situations, are not taken into account for maximum ordinary working hours or authorized overtime limits, without prejudice to their compensation as overtime.
• In the absence of a specific agreement, overtime will be compensated with equivalent paid rest days.

2. Statutory Reductions in Working Hours

Below are three causes for statutory reductions in working hours, indicating their duration and whether they are paid:

• Lactation: Workers are entitled to an hour'