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

Functions of a National Parliament

The typical functions of a national parliament include:

1. Legislative function (making laws).
2. Budgetary function (approving finances).
3. Democratic control function (oversight of the executive).

Key Responsibilities of the Council of the European Union

The Council of the European Union (often referred to simply as "the Council") shares legislative and budgetary powers with the European Parliament. Its responsibilities include:

1. Approving European laws (co-legislator).
2. Coordinating the economic policies of member states.
3. Concluding international agreements.
4. Approving the EU budget (co-approver).

The Role of the European Court of Auditors (ECA)

The European Court of Auditors (ECA) is responsible for auditing the EU's finances.... Continue reading "European Union Institutions and Core Functions" »

Item 6: The Election Campaign

Throughout the election campaign, each candidate outlined his merits and demerits in contrast to others to obtain the vote of the electors.

The LOREG defined in Article 50.2 the election campaign as all lawful activities undertaken by candidates, parties, federations, coalitions, or groups of voters in order to capture votes. It lasts for 15 days, ending at zero hours of the day immediately preceding the vote, without proper acts that can be considered electoral campaign until the thirty-eighth [Note: The original text seems to have an unclear ending here; assuming the 15-day period is the key constraint].

A) The Definition of Electoral Campaign

The placement of posters can only be considered part of the campaign if... Continue reading "Understanding Electoral Campaign Regulations and Definitions" »

Employment Contract Essentials

An employment contract reflects the agreement between a company and a worker. Key characteristics include:

• Worker: Minimum working age is 16.
• Employer: Can be a physical or juridical person responsible for directing work.
• The company benefits from the worker's labor in exchange for wages.
• Contracts can be indefinite or for a fixed term.
• Trial periods generally last 6 months for technical roles and 2 months for others.

Salary

Salary is the compensation provided to the worker for their services.

Shareholder Rights

Shareholders have rights including:

• Participation in social benefits distribution.
• Preemptive subscription rights for new shares.
• Attendance and voting at meetings.
• Right to challenge unlawful agreements.

Shares

Shares... Continue reading "Employment Contracts and Business Organization Essentials" »

Legal Norms: Classification and Effectiveness

Legal Norms, Classes, and Effectiveness: The legal rules are those governing the conduct of individuals in their mutual relations and social state, whose observance is ensured by appropriate penalties.

Rule Effectiveness: Effectiveness may be legal where the rule is met without special obstacle. When the standard is not met voluntarily, state intervention is necessary for the rule to be fulfilled and satisfied through that route.

Classifications of Rules

A) Complete Rules

These are rules that do not need support from any other law to have legal effect because they contain both the factual situation and the legal consequence.

1. Classification by Degree of Determination of Elements:

• Rigid: These are peremptory

The Criminal Trial Stage

The trial is the stage of legal proceedings where the defendant's conduct is prosecuted to either convict or acquit, culminating in a sentence that ends the process. It is conducted in one or more sessions and develops under several key principles. Once the trial opens, it continues for as many consecutive sessions as necessary for its completion.

Governing Principles of a Trial

The procedural debate is governed by the following principles:

• Orality: Proceedings are conducted verbally.
• Publicity: The trial is open to the public, ensuring transparency.
• Concentration: The trial proceeds through consecutive sessions without undue interruption.
• Contradiction: Both parties have the right to contest evidence and arguments.
• Equality:

CP: Severe Disturbance of Consciousness of Reality

Severe disturbance of consciousness of reality resulting from changes in perception, present from birth or childhood, such as deaf-mutism and blindness, must be present since childhood. Finally, it is necessary that these causes result in a severe disturbance of the consciousness of reality. This relates to the concept of criminal minority.

Requirements for Diminished Capacity

• The effects of the previous assumptions regarding the ability to be guilty must be present at the time of the facts.
• However, it can be examined if the state of lack of capacity for guilt was caused intentionally or recklessly by the subject (actus reus in causa).
• The effects of this condition should relate to the inability

Spanish Constitution of 1978

Preliminary Title

The Preliminary Title of the Spanish political order defines and establishes the principles underpinning the state.

Title I: Fundamental Rights and Duties

Title I protects the individual against others and against public authorities to ensure their implementation as humans.

Title II: The Crown

Title II sets out how the state policy is a Spanish parliamentary monarchy.

Title III: General Courts

Title III establishes a bicameral parliament that is in charge of exercising the legislative power of the state.

Title IV: Government and Administration

The Government directs domestic and foreign policy, the civil and military administration, and the defense of the state. With objectivity, the Public Administration... Continue reading "Spanish Constitution 1978: Titles, Central & Territorial Administration" »

Understanding Executive Legislative Power

The Executive Council (EC) is granted legislative power, enabling it to create rules in the form of subordinate legislation. These rules possess both active and passive force compared to those issued by other state powers. The Government (CG) shares legislative power with the Autonomous Community (AC) legislatures.

Types of Government Legislative Measures

While not laws in the formal sense (as they are not dictated by the legislative organ), two primary types of government legislative measures possess the full force of law and are binding:

1. Delegated Legislative Decrees (Decreto Legislativo)

A Delegated Legislative Decree is a government legislative measure containing rules with the force of law, granted... Continue reading "Executive Legislative Power: Decrees and Delegated Authority" »

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: