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

Autonomy and Scope of Specific Category Agreements

The broad autonomy recognized by Article 83.1 of the Workers' Statute (ET) allows a group of workers to negotiate their own specific category agreement, forming what is often referred to as a *bargaining unit* or "strip." Examples include airline pilots and railroad engineers, who have successfully negotiated agreements with overall effectiveness for their entire unit, including non-union workers. While these agreements are legal, questions persist regarding the specific entity entitled to negotiate them.

For agreements concerning workers within a single company, standing rules recognize the legitimacy of unions at the enterprise level or lower. These rules impose different requirements for agreements... Continue reading "Collective Bargaining Unit Agreements: Legal Standing & Challenges" »

Evolution of EU Treaties

Each relevant or incorporating a new member joins the club that introduced changes in international treaties:

• Single European Act of 1986
• • EU Treaty of Maastricht, 1992
  • 1997 European Treaty
  • Treaty of Nice, 2001

A text called the Treaty establishing a Constitution for Europe, a constitutional treaty, was presented in Rome in 2004. The treaty was very important because it was submitted to a referendum of what was then the EU (18 states). The referendum had limited participation because the text was very complex.

In other states, it was also submitted to a referendum. It was going well until the French and Dutch votes resulted in negative outcomes. The text could not enter into force as it needed an affirmative vote from all members... Continue reading "Evolution of EU Treaties and Legislation" »

Conventional Terminations

The Conditions Precedent

Article 49.1.b) of the Spanish Workers' Statute (ET) states that an employment contract may be terminated for reasons mentioned in the contract itself. These are known as conditions subsequent. Jurisprudence considers this type of clause lawful unless there is abuse.

The Mutual Agreement

This is a typical conventional termination, contemplated in Art. 49.1.a) ET. The employer and employee agree to extinguish the contract. This does not, in principle, preclude problems arising from the execution of that agreement, such as the balance of payments and joint settlement.

Conclusion of Time and the Work or Service

This refers to the termination of temporary contracts. In general, Art. 49.1.c) ET states... Continue reading "Conventional & Legal Termination of Employment Contracts in Spain" »

The 1812 Spanish Constitution: Principles and Structure

The Constitution of 1812, a landmark in Spanish history, aimed to establish equality for the entire population under one law, ensuring the same judges and courts for all citizens. Its preliminary speech emphasized a continuation of the Spanish legal and historical tradition, satisfying more moderate liberals and figures like Jovellanos.

Individual Rights and Freedoms

Individual rights were not systematized in a single, dogmatic body within the Constitution; there was no Declaration of Human Rights proclaimed in the style of the French Revolution of 1789. Instead, these rights were scattered throughout the articles. Fundamental human rights were enshrined, reflecting:

• Freedom in all its aspects:

Understanding Legal Standards

Standards, advertising standards, the non-retroactivity of punitive provisions unfavorable or restrictive of individual rights, legal certainty, accountability, and prohibition of arbitrary action by public authorities.

The EC prohibits retroactivity of punitive provisions unfavorable or restrictive of rights, so that you cannot post a rule harmful to citizens in situations that have already happened.

Article 2 CP: "1. There is no crime punished with a penalty or lack who is not prescribed by law prior to its commission. Will lack, also backdated laws to establish security measures. 2. However, those laws shall have retroactive effect to favor the criminal defendant, but upon entry into force have been decided and... Continue reading "Understanding Legal Standards: Retroactivity, Repeal, and Sources of Law" »

Contractual Principle of Relativity

Contracts only produce effects on the contracting parties. Exceptionally, this principle supports affecting heirs, unless the rights and obligations are of a personal nature.

Contracts Affecting Third Parties

Sometimes a contract may affect third parties outside the contracting parties. This situation occurs in:

Contract for the Benefit of a Third Party

An agreement establishing the contents wholly or partly for the benefit of a third person outside the contract. It results in a **right** which allows the third party to **benefit from** the content of the contract as agreed. E.g., Life insurance.

The parties involved in this type of contract are:

• Promisor: The contracting party obliged to **benefit** the third party

Context of Legal Humanism

On a philosophical level, legal humanism stems from the contrast between medieval scholasticism, subject to the authority of tradition but also attentive to existing reality, and Renaissance Neoplatonism, which believed in the free and unlimited power of reason and was attracted by pure ideal forms.

In legal terms, the humanistic orientation was facilitated by the gradual rise of national legal systems, which freed the study of Roman law from practical objectives and transformed it into a historical and literary activity, increasingly similar to the task of the antiquarian.

Socially, humanist criticism of earlier legal discourse and its proponents, traditional jurists, was fueled by widespread social antipathy towards... Continue reading "Legal Humanism: Principles and Historical Impact" »

Accrual

Article 21 of the General Tax Law (LGT) defines accrual as the moment which determines the event performed that produces the birth of the principal tax liability. To narrow down the moment in time that this occurs, we must differentiate between tax accrual of taxable periodic taxes and instant taxes. In the first case, the legislature must enter narrow time periods. Fiction serves to establish that the moment the taxable event occurs, usually periods of months or years. The rule in instant charges will be that in force when the taxable event occurs. In contrast to periodic taxes, and unless otherwise provided herein, the applicable standard for reasons of legal certainty will be in force at the time of commencement of the tax period.... Continue reading "Tax Liability: Accrual, Prepayments, and Inspection Procedures" »

The European Union employs several committee procedures to facilitate the adoption of implementing acts. These include:

• The Advisory Procedure
• The Management Procedure
• The Regulatory Procedure
• The Regulatory Procedure with Scrutiny
• Procedural Safeguards

Common Elements of Advisory, Management, and Regulatory Procedures

In all these cases, a committee composed of representatives from the Member States and chaired by a representative of the European Commission is involved. The Commission submits its draft implementing measures to the Committee for an opinion within a specified period. The Committee acts by qualified majority.

European Parliament (EP) participation is limited to when the Commission sends its draft measures, allowing the EP to adopt a... Continue reading "EU Committee Procedures: Decision-Making Framework" »

Custom as a Legal Norm

Legal custom, a fundamental source of law, embodies established practices recognized as binding legal standards. Its unique characteristics distinguish it from codified law.

Key Features of Legal Custom

• Legal customs are considered true legal standards.
• Their origin is often extra-state, meaning they arise from societal practice rather than direct state enactment.
• They manifest through the continuous and consistent realization of specific conduct.

Elements Constituting Legal Custom

For a practice to be recognized as a legal norm, it must possess both external and internal elements:

• External Element (Usus): This refers to the repetitive and uniform performance of actions over an extended period. It's the observable, consistent