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

The Labour Charter and Vertical Syndicalism

The Labour Law (Fuero del Trabajo) was the framework where all Spaniards were integrated into vertical unions. It defined a strike as a crime against the country. Under this law, women were supposedly "freed" from the workplace. The regime established a vertical relationship through the union of autarky, which consisted of the organization of working people and national self-sufficiency under the leadership of the army.

The Referendum Law of 1945

The Referendum Law empowered the Head of State to submit draft laws prepared by the Cortes to a referendum involving all Spanish citizens over the age of 21. This was closely related to the pursuit of self-sufficiency and the Law of Succession, as it established... Continue reading "Fundamental Laws and Ideology of the Franco Regime" »

Three Fundamental Models of Policing

There are basically three core models of policing:

1. The Traditional Policing Model

This model is intimately linked to power, viewing the concept of public order as its main (almost unique) function. It is primarily concerned with maintaining order through law and reacts strongly to situations that pose a danger to the political regime.

• High Discretion: Officers possess a high level of discretion.
• Inhibition on Profit Crimes: Police may be inhibited regarding the commission of crimes looking for profit (often involving an offender-confidant relationship).
• Arrest Rationale: Arrests are made for multiple reasons, not necessarily to prosecute a crime (e.g., to punish a person or to gather information).

2. The Professional

Liberalism and Socialism

Liberalism's Foundations

Liberalism emerged in the XVIII century in England, arguing that the fundamental right of the individual is freedom. Its main objectives are to reduce, limit, and control the power of the State.

John Locke established that the individual possesses three basic inalienable rights: the right to life, the right to liberty, and property rights. These rights precede society, and the State's role is to protegerlos (protect them). The role of government is strictly to protect citizens' rights. The State has no standing to intervene in any other way in public life. It is necessary to control government action to prevent it from using its power to assume functions that have not been assigned.

Rule of Law

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" »

1. Historical Precedents

• Chief Justice of Aragon: Considered a remote antecedent.
• Constitution of 1869: Early constitutional development.
• Constitution of 1873: The "non-born" constitution of the First Republic, which proposed the first European Constitutional Court.
• Constitution of 1931: The primary historical background, establishing a Constitutional Court separate from the Supreme Court, aligning with the European model.

The current 1978 Constitution dedicates Title IX (Articles 159 to 165) to the Constitutional Court. Its regulation, powers, and procedures are established in Organic Law 2/1979 of 3 October.

2. Nature of the Constitutional Court

• European Model: Follows the structure of European Constitutional Courts.
• Negative Legislator: Acts to

The Role of Parliamentary Representatives

The activity of individual parliamentary representatives is the initial reference point. The principal representative should be targeted to serve the interests they represent while remaining accountable. These guarantees ensure the representative's work in Parliament is protected against undue restrictions.

Parliamentary Immunity and Inviolability

Parliamentary immunity ensures that an agent may not be charged for political opinions expressed during the exercise of their parliamentary duties. Another security, inviolability, dictates that if a parliamentarian is suspected of a crime, they cannot be prosecuted without the chamber's authorization to initiate the process.

Rational Deliberation and Regulations

Based... Continue reading "Parliamentary Representation and Legal Frameworks Explained" »

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" »

Disciplinary Dismissal and Article 54 of the ET

Disciplinary dismissal is governed by Article 54 of the Workers' Statute (ET). It is a dismissal where the employer unilaterally terminates the contract due to a serious and culpable breach by the worker. There must always be a correspondence between the penalty and the offense, satisfying the principle of proportionality in the application of this ultimate sanction.

Legal Causes and the General Clause

Article 54 outlines several specific causes, complemented by a general open clause regarding the transgression of good faith and breach of trust. This serves as a "mixed bag" that encompasses various violations. It is important to note that this regime does not follow the current sanctions of criminal... Continue reading "Disciplinary Dismissal Grounds and Article 54 ET Rules" »

The Principle of Separation of Powers

Differentiating Higher State Functions: The Rule of Law

The principle of separation of powers establishes a clear distinction between the legislative, executive, and judicial branches of government. This differentiation is crucial for defining their respective tasks and the composition of the bodies responsible for them.

The Executive Branch

The Executive Branch is responsible for ensuring the validity and enforcement of laws. It accomplishes its tasks in two primary ways: by developing legal standards (e.g., regulations) or through direct decision-making.

For example, in Consumer Law, the Executive establishes general standards and bases that can address abuses. This includes the power to create regulations,... Continue reading "Understanding the Separation of Powers in Government" »