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

Rights and Regulations for Temporary Agency Workers in the EU

Essential Working Conditions

3. Temporary Employment Agencies (ETTs) are prohibited from requiring workers to pay fees in exchange for managing their employment, working contracts, or entering into business relationships with the client company upon completion of a mission.

4. Temporary agency workers employed by ETTs are entitled to access facilities and services common to the undertaking, including catering services, childcare, and transportation, under the same conditions as workers employed directly by the user enterprise. Different treatment is only justified for objective reasons.

5. Member States must take effective measures and promote dialogue between social partners to:

• Improve

Criminal Liability for Violating Labor Rights (CP Articles 315-318)

Crimes Against Safety and Health at Work

The Spanish Penal Code addresses serious infractions concerning the safety and health of workers, protecting the juridical asset recognized in Article 40.2 of the Spanish Constitution (CE).

This protection is complemented by national legislation and international standards:

• Law on Infractions and Penalties in the Social Order (LISOS).
• General Health Law.
• Specialized Social Security Laws.

It is essential to take into account international standards, such as those established by the International Labour Organization (ILO).

Article 316: Intentional Crime (Tipo Doloso)

Article 316 sanctions actions that violate the rights to safety and health at... Continue reading "Criminal Liability for Violating Labor Rights in the Spanish Penal Code" »

Cultural Dimensions in the Constitutional Text

Key Areas of Cultural Regulation

• Media and Cultural Transmission

  The media, regulated under Article 149.1.27 and 20.3, serve as crucial vehicles for information and channels for the transmission of culture. While terms like "social media" and "means of expression" are often used, the constitutional text broadly encompasses press, radio, television, and all general cultural transmission media (e.g., discs, movies, books, theater). Defining precise criteria for qualifying as a "social media" outlet within this framework remains a complex task.

• Cultural Institutions: Museums, Libraries, and Conservatories

  Article 149.1.28 and Section 148.1.15 recognize museums, libraries, and music conservatories as vital

The United Nations Structure and Its Key Functions

The United Nations (UN) is structured into several key organs, each with specific functions and responsibilities. Here's an overview:

1. General Assembly (GA)

The General Assembly is the main deliberative body of the UN. It comprises representatives from all Member States, each with one vote. Its functions include discussing any matter within the scope of the Charter. While it primarily issues recommendations that are not mandatory, decisions on important matters require a 2/3 majority vote, while other issues require a simple majority.

2. Security Council

The Security Council consists of 15 members, including 5 permanent members (China, Russia, USA, UK, and France) and 10 members elected by the... Continue reading "Understanding the United Nations Structure and Functions" »

Historical Evolution of the State

The modern state arose in the fifteenth century. Its development can be categorized into several stages:

• Absolutist state: Political power is concentrated in the person of the king, exercised absolutely.
• Liberal state: Characterized by the prevalence of the Constitution and the defense of individual rights, including life, liberty, security, and property.
• Democratic state: Defined by equal legal, juridical, and political rights for all citizens, including the equality of the vote.
• Social and Democratic state: This model requests the intervention of the state to create wealth and distribute it evenly throughout society.

Types of State

According to the Form of Government

1. Presidential states: The state has a paramount

Human Rights History

Though some background on the first texts (Bills of Rights) exists, such as the 1689 English Bill of Rights, which lists several human rights, it is in the eighteenth century that precedents of human rights declarations appear:

1. Virginia Declaration of Rights (USA, 1776)

   Arising in the context of the War of Independence against England, it covers the rights of citizens, although it excluded slaves and foreigners. This declaration served as a draft for the U.S. Declaration of Independence (1776).

2. Declaration of the Rights of Man and Citizen (France, 1789)

   Adopted by the National Constituent Assembly, it recognizes equal rights for all human beings, representing a significant advance compared to the Virginia Declaration. It is

Understanding Social Disparities

Gaps: Absence of Resources

Gaps refer to the absence of capacities or resources generally considered necessary to fully develop a person's human potential.

Peculiarities: Distinguishing Characteristics

Peculiarities are the characteristics of certain individuals or groups who are perceived by the rest of society as distinct.

Indifference: Lack of Compassion

Indifference is the attitude of a lack of interest and compassion that leads us to worry more about the situation and problems of others.

Xenophobia: Fear of Strangers

Xenophobia, from the Greek, signifies the fear of the stranger or foreigner. It applies to attitudes and hate towards foreign people.

Attitudes: Positive or Negative Dispositions

Attitudes are positive... Continue reading "Understanding Social Gaps, Discrimination, and Equality" »

Labor Corporations: SAL and SLL

Sociedad Anónima Laboral / Sociedad Limitada Laboral

Members: Three or more. No partner may hold more than one-third of the share capital (KS). There must be at least two workers. If one partner is a public entity, it may own up to 49% of the KS. [for two]

Responsibility: Same for both types of companies.

Disputes and Transfer of Capital

DISPUTES: Regarding transfer of share capital (transfer of shares in S.L. or of stocks/shares in S.A.), there is an order of preference:

1. Permanent workers (first place)
2. Labor partners
3. Donors
4. Workers without an indefinite contract

Common Requirements

It is required to constitute a special reserve fund equal to 10% of profits.

Business Name, Taxes and Constitution

Business name: The business... Continue reading "Labor Corporations, Social Interest Societies & Cooperatives" »

Typical Behavior: Disclosing Secrets

This involves revealing the secrets of another person, such as a patient, their relatives, or friends, even after the professional relationship has ended, or the person is deceased.

Privacy Law and Constitutional Rights

Constitution

The right to honor, personal and family privacy, and image.

General Health Law

The confidentiality of all information related to health.

Basic Law Regulating Patient Autonomy

Right to privacy: Everyone has the right to respect the confidential health data. No one can access information without proper authorization.

Information Requirements and Patient Care

Verbal care incorporates the risks and consequences of each intervention. Information must be truthful, understandable, and suitable... Continue reading "Patient Confidentiality and Healthcare Data: Legal Framework" »