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

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Understanding the Role of the Constitutional Court

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T-8 - Concept and Legal

Article 1.1 of the OLCC

"The TC, as the supreme interpreter of the EC, is independent of other constitutional bodies and subordinate only to the Constitution and this Charter. It can be conceptualized as the "highest court" in charge of the defense and interpretation of the Constitution.

Essential Notes

A) The Body as Supreme Court

The TC is the supreme court, in its role as institutional status with respect to the other branches of government. Considering its objective function, we emphasize that its mission is to defend and ensure the supremacy of the Constitution in our legal system. It is the first law that must be fulfilled by all subjects of law, as stated in Article CE 9.1: "The citizens and public authorities are... Continue reading "Understanding the Role of the Constitutional Court" »

Changes and Suspension of Employment Contracts

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Substantial Changes in Working Conditions

When justified by economic, technical, organizational, or production reasons, a company may modify working conditions such as daily hours, shift work, compensation, work systems, and performance features, provided the change exceeds functional mobility limits.

These changes must be communicated to the worker and their legal representatives at least one month in advance. If the worker disagrees, they may appeal to a labor court. Collective changes require a consultation period of at least 15 days with the workers' legal representatives before the company can notify the changes to the workers.

Suspension of Employment Contract

Concepts, Causes, and Effects

Suspension of the employment contract means a temporary... Continue reading "Changes and Suspension of Employment Contracts" »

Crime and Deviance: A Sociological and Philosophical Analysis

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Crime and Deviance

The Nature of Crime

Crime consists of two components: prohibition and violation. Crime would not exist if there were no prohibitions and nobody willing to violate them. Humans coexist with two opposing tendencies: an impulsive component and a normative component. This duality is not found in animals, as they possess inhibitory mechanisms, while humans rely on culture.

The concept of crime has varied across time and space. Its application can also change depending on the subject. For example, monarchs historically enjoyed special immunity. Factors such as age, sex, and the concept of legal age also vary. However, we can affirm that the qualification of a subject as "criminal" aligns increasingly with human development.

Defining

... Continue reading "Crime and Deviance: A Sociological and Philosophical Analysis" »

Understanding Citizenship: From Ancient Greece to Rome

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Source of Citizenship: A Common Definition

According to the definition of citizenship, citizenship seems to have these features:

  • Members of a community that reside on a permanent basis in a territory.
  • Enjoyment of rights that must be protected by the city or state, is the opportunity to participate in the work of the community's government policy directly or indirectly.

Citizenship in Greco-Roman Antiquity

In Roman law, the term civis was reserved for members of the community: men, not slaves, of age, born to Roman parents, etc. Women, slaves, foreigners, etc. were not considered citizens and had fewer rights. In Greece, the recognized political term used to refer to the citizen was a member of the political community that met the requirements.... Continue reading "Understanding Citizenship: From Ancient Greece to Rome" »

Employee Mobility and Workplace Changes in Spain

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Functional Mobility

Functional mobility occurs when an employee is assigned duties or tasks other than those initially assigned in their contract. This situation should not result in a loss of professional status or salary. It requires specific technical or organizational reasons. There are two types of functional mobility:

  • Descending: Assignment to tasks corresponding to a lower professional category.
  • Ascending: Assignment to tasks corresponding to a higher professional category.

Geographical Mobility

Geographical mobility occurs when a worker, within the same company, is transferred to another workplace, requiring a change of address. The company must justify this based on technical, economic, organizational, or production reasons.

Transfer vs.

... Continue reading "Employee Mobility and Workplace Changes in Spain" »

Commercial Law: Employer Status, Sources, and Key Concepts

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Commercial Law Content

The content of the second commercial is synthesized as follows:

  • Regulation of the employer and its legal status
  • Company Law
  • Law of obligations and commercial contracts
  • Law of securities
  • Bankruptcy law
  • Competition law and industrial property

Sources of Commercial Law

The commercial law system participates in the formal sources of our legal system which, remember, according to Art. 1 CC is the law, custom, and general principles of law. However, Art. 2 BCC provides a specialty in the hierarchy of sources. Specifically, Article 2Cco provides that acts of trade are governed by: 1, by the provisions contained therein, failing that, that is, if no applicable provision 2nd custom or usage by commercial (commercial uses) and 3rd the absence... Continue reading "Commercial Law: Employer Status, Sources, and Key Concepts" »

National Institute of Land Transport: Assets, Income, and Presidential Powers

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Heritage National Institute of Land Transport

Article 24: Assets of the National Institute of Land Transport

The assets of the National Institute of Land Transport are composed of:

  1. Those movable and immovable property, rights, and shares which were transferred at the time of its creation.
  2. All those movable and immovable property, income, rights, and shares it acquires in accordance with the law.

Income of the National Institute of Land Transport

Article 25: Income Sources

The income of the National Institute of Land Transport consists of:

  1. All income earned as a result of its management, as well as the product of its economic activities with natural or legal persons, domestic or foreign.
  2. The income from fines and records reviews conducted by the Technical
... Continue reading "National Institute of Land Transport: Assets, Income, and Presidential Powers" »

Key Principles of Administrative Procedures

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What is the principle of promptness in administrative procedure? It obliges the authorities and officials of the organs of state administration to act on their own initiative in the initiation of the procedure in question and its continuation, with expedited procedures to process the file and remove obstacles that affect its prompt and proper decision.

What is Rejection in the administrative procedure? Any interested party may waive a right or withdraw its request if it is not prohibited by law. If the procedure was initiated by two or more stakeholders, abandonment or waiver applies only to those who have made it.

What is the expiration of the administrative procedure? It is a form of punishment of the petitioner for failure to provide records... Continue reading "Key Principles of Administrative Procedures" »

Public Companies and Trade Regulation in the Market Economy

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Item 7: Public Companies

Public Enterprise Initiative

State intervention and public administrations through their firms in the economy are addressed in Article 38 of the European Community (EC) Treaty. This article recognizes the freedom of enterprise within the market economy. Public authorities guarantee and protect freedom of enterprise, in accordance with the requirements of the general economy and planning.

Article 128 EC establishes the possibility of public initiative, stating: "Public initiative recognizes economic activity. By law, resources can be reserved for public service or essential services, and intervention in companies may be agreed upon for reasons of general interest."

Conclusions:

  • There may be areas that do not allow the involvement
... Continue reading "Public Companies and Trade Regulation in the Market Economy" »