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

Distinguishing Between First and Second Grade Communities

The terms "first grade" and "second grade" communities refer to the level of autonomy granted, also known as full autonomy or gradual autonomy, respectively. Full autonomy is rooted in Article 151 of the Spanish Constitution (SC), while gradual autonomy is regulated in Article 143.

Full Autonomy (Article 151 SC)

Article 151 of the SC provides the following in Section 1:

"It is not necessary to wait five years, referred to in paragraph 2 of Article 148, when the initiative for the autonomy process is agreed within the scope of Article 143.2, as well as by the Provincial Councils or corresponding inter-island bodies, by three-quarters of the municipalities in each of the affected provinces... Continue reading "Understanding Autonomy in Spanish Communities: A Detailed Analysis" »

The Constitution of 1812

In effect during the periods 1812-1814 and 1820-1823, "La Pepa" presents a series of striking features:

• Its length (384 articles total).
• Its considerable influence.
• The enormous importance it attaches to the legislative power.

Its ideology is based on the defense of national sovereignty, separation of powers, and constitutional monarchy, the existence of a unicameral Cortes, the creation of a National Militia, and the remarkable momentum it attaches to education and freedom of printing and publication.

Royal Charter of 1834

In force between the years 1834 and 1837 and inspired by politician Francisco Martinez de la Rosa, this is a letter granting similar rights to that Louis XVIII had given to its French nationals in 1814.... Continue reading "Spanish Constitutions: 1812, 1834, 1837 & 1845 Analysis" »

Public Sector Contracts: Definition and Scope

A Public Sector Contract is an agreement where a party, known as the employer or contractor, using its own organization and resources, undertakes to perform a specific work, provide a service, or make a provision intended to satisfy a public interest. This is done in exchange for a determined monetary price paid by the Public Power Authority.

Public Power Authority Entities

The Public Power Authority is understood to include:

• Government, autonomous agencies, universities, and public agencies.
• Public entities, Social Security, labor mutual funds, and business-managing entities.
• Public institutions of any kind.
• Any bodies financed or controlled by public-sector subjects.
• Concessionaires (e.g., property developers)

Foundations of Regional Governance

The Rule of Law and Administrative Divisions

The rule of law in Spain is based on distinct branches of government:

• Legislative: Legislative Assembly of the Autonomous Community (Cortes)
• Executive: Council of Government (regional) and State Government
• Judicial: Superior Court of Justice (regional) and National Audience

Spain's administrative divisions include: municipalities, provinces, and autonomous communities.

There are 17 autonomous communities and 2 autonomous cities (Ceuta and Melilla).

The principle of solidarity underpins the relationship between autonomous communities.

The Statute of Autonomy is the fundamental institutional norm of each autonomous community.

Statutes of Autonomy: Essential Content

Statutes... Continue reading "Spain's Autonomous Communities: Structure, Institutions, and Powers" »

Sole Trader

Sole Trader:

• Partners: 1 person
• Minimum Capital: None
• Liability: Unlimited
• Tax: Personal Income Tax (PIT)
• Submitted to the Commercial Code in commercial matters and the Civil Code concerning rights and obligations. The legal personality of the company is the same as that of its owner.

Community of Property

Community of Property:

• Partners: Minimum 2 partners
• Minimum Capital: None
• Liability: Unlimited
• Tax: PIT
• A thing or right belongs to a few people or co-owners.

Civil Society

Civil Society:

• Partners: Minimum 2 partners
• Minimum Capital: None
• Liability: Unlimited
• Tax: PIT

Partnership

Partnership:

• Partners: Minimum 2 partners
• Minimum Capital: None
• Liability: Unlimited
• Tax: Corporate Income Tax (IS)
• Traditional corporation. The general or capitalist partners

Employment Conditions Summary

Rest Periods Description

• Period 1: Rest day.
• Period 2: Two-week rest period.
• Period 3: Three-day rest in a continuous sequence.

Night Shift Definition

A night shift is performed between 22:00 and 6:00 in the morning. Night workers must be seen working at least 3 hours daily during the night period, and these workers should not have extraordinary hours.

Shift Work Regulations

Shift work in the company requires an organized rotation of workers to cover different shifts. This implies that no worker should have more than two consecutive weeks assigned to the same shift, except voluntarily. Those with studies may choose their shifts.

Overtime Policy

When working full time, the number of extraordinary hours will be limited to... Continue reading "Employment Regulations: Shifts, Leave, and Compensation" »

Principles of Labor Law

Labor Law is the set of rules and principles governing relations of free labor in a position of voluntary and dependent employment. Labor law regulates wage labor and the industrial relations created around it.

The International Labor Organization (ILO)

The ILO (International Labor Organization) aims at improving the living and working conditions of workers internationally. Its function is to create rules called conventions.

EU Member States

The following countries are relevant in the context of European labor discussions:

• Austria
• Bulgaria
• Cyprus
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Italy
• Latvia
• Lithuania
• Luxembourg
• Malta
• Netherlands
• Poland
• Portugal
• Romania
• Slovenia
• Spain
• Sweden
• United Kingdom

Modes of Work Activity

Work... Continue reading "Understanding International and Constitutional Labor Regulations" »

Legal and Administrative Language
The legal texts, judicial or administrative processes, present a specific language: legal and administrative. The judicial and legislative texts are given in the legal field, and administrators in the various governing bodies.
Social life generates a large number of texts governing relations between the citizen and the administration. These relationships are subject to a set of rules that appear in the documents related to the three branches of the rule of democracy: the legislation emanates from the legislative power residing in Parliament, the court or prosecution emanating from the judiciary, which resolves conflicts if the laws are broken, and administrative texts from the administration, in which the executive... Continue reading "Understanding Legal and Administrative Language in Texts" »

True or False Statements

• Arthur Kaufmann stated that the ontological structure of law required the essence and legal existence, in other words, natural law and positive law. True

• Pachioni and Wing, regarding relative equity, and Rotondi deny the possibility of identifying the general principles of fairness. True

• Statement: The effectiveness of the precepts of the law does not depend on legislation, implementing acts, and acts of obedience. (False)

  Clarification: The effectiveness of precepts depends not only on law and implementing regulations but principally on acts of obedience. (See page 417)

• Subjectivity is one of the key positions regarding the axiological problem. True

Multiple Choice Questions

1. Who called social order 'the right'?
   a) [Name]