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

Decrees

Decrees are rules that have the force of law. If there is an extraordinary need, the Government may introduce provisional legislation that takes the form of a decree-law. Decree-laws may not affect the regulation of the basic institutions of the State, the rights and duties, freedoms, the regime of autonomous communities, or electoral law. Decree-laws must be immediately submitted for debate and voting by the entire Congress. If Congress is not in session, it must be called within 30 days of the decree's promulgation. Congress must vote on their ratification or repeal within that period.

Constitutional Court

The Constitutional Court is responsible for enforcing constitutional principles.

Composition

It consists of 12 members. The Constitution... Continue reading "Decrees, Constitutional Court, and Principles in Spain" »

Civil Liability Arising from Crime

Crime, in addition to the strictly criminal consequences, can also affect property and cause damage. This may result in the obligation to return property, repair damage, and compensate for harm caused by the offense. Those subject to these consequences are termed civilly liable. The civil claim can be pursued alongside the criminal case or separately through a distinct civil proceeding. The Spanish Law of Criminal Procedure (LECrim) generally holds the perpetrator of the act civilly liable, as specified in the Criminal Code (CP): "...any person criminally responsible for an act shall also be civilly responsible...". However, civil liability is often directed towards individuals other than the primary defendant.... Continue reading "Civil Liability and Parties in Spanish Criminal Proceedings" »

Non-Contributory Disability Pensions

The non-contributory disability pension is intended for individuals with permanent physical or psychic deficiencies, whether congenital or acquired, that limit their sensory, motor, or mental capacity.

Eligibility Requirements

• Age: Must be at least 18 and under 65 years old at the time of application.
• Residency: Must legally reside in Spanish territory for at least 5 years, including the two years immediately preceding the application.
• Disability: Must be affected by a disability or chronic illness with a degree of 65% or higher.
• Income: Must lack sufficient income or resources.

Income Limits

The income requirement is calculated annually (January to December):

• General Limit: For individuals not belonging to a family

Historical Context of Spanish Disentailment

Disentailment had been occurring since the Middle Ages, mainly through concessions to the nobility, the church, and the municipalities. Since the 18th century, disentailment measures were taken, and the Cortes of Cádiz acted in the same line. The seizure led to the conversion of 'dead hands' goods into private property.

The Two Phases Under Isabella II

In the times of Isabella II, the disentailment was faced in two phases:

Phase One: Ecclesiastical Disentailment

This was ordered by Álvarez Mendizábal (1836) regarding the assets of the regular clergy and Espartero (1841), which extended to the secular clergy. With this dual operation, a very important lot of farmsteads and urban properties passed into... Continue reading "Spanish Disentailment: Mendizábal and Madoz Reforms" »

The 1931 Spanish Constitution

The Republican-Socialist coalition achieved an overwhelming victory. The Cortes immediately appointed a commission to draft a constitution, which was approved in December 1931. This constitution was democratic and progressive.

The state was configured as an integral republic, though it allowed for the autonomy of municipalities and regions to establish self-government. Key features included:

• Legislative Authority: Resided entirely in a single-chamber Parliament.
• Executive Power: Held by the government, consisting of the Cabinet and the Head of Government.
• Judicial Power: Entrusted to independent judges.
• Rights and Freedoms: A broad declaration of rights with significant social concern.
• Universal Suffrage: Granted to citizens

Legal Interventions: Telephone Communications

The doctrine and jurisprudence have largely addressed the omissions of the legislature regarding telephone communications. Such interventions may involve listening to or recording conversations, or simply monitoring calls made to or from a telephone. Once an order is issued, it shall be submitted directly to the telephone service provider for implementation. The outcome of the intervention must be presented to the court at the time ordered by the judge, and all relevant documentary data, along with any information for media dissemination, must be submitted.

Legal Interventions: Opening of Mail

Correspondence seized and referred to the judicial authority shall be opened for its content. This must be... Continue reading "Legal Interventions: Wiretaps, Mail Seizures, and Property Searches" »

Article 103: Contract Price Adjustment Conditions

Requirements for conducting appropriate price revisions:

1. The price review will take place when 20% of the contract has been executed and one review year has elapsed.
2. No price adjustment for fee-for-lease contracts, lease with option to purchase, or minor contracts.
3. The contract documents will detail the specific review formula and may specify conditions for its application.

Article 104: Price Adjustment System & Formulas

1. The price review is carried out with official formulas determined by the contracting authority. The Council of Ministers may adopt these formulas based on the report of the Advisory Board on Administrative Contracting.
2. The formulas reflect the contract price based on labor and

Labor Law Exam: Key Concepts

1. Characteristics of Overtime Work

• Its implementation is voluntary, unless agreed upon in collective agreements or employment contracts.
• Night workers and minors cannot work overtime.
• Hours worked to prevent or repair imminent damage, or other extraordinary and urgent situations, are not taken into account for maximum ordinary working hours or authorized overtime limits, without prejudice to their compensation as overtime.
• In the absence of a specific agreement, overtime will be compensated with equivalent paid rest days.

2. Statutory Reductions in Working Hours

Below are three causes for statutory reductions in working hours, indicating their duration and whether they are paid:

• Lactation: Workers are entitled to an hour'

Key Concepts of Spanish Democracy and Law

Democratic Institutions:

A set of institutions that, acting in a complementary manner, allow the good functioning of a country.

Legal System:

It is a hierarchical and coherent set of standards, developed by political power, which regulates coexistence within a country.

Hierarchy of Rules:

Relation of rank and subordination between different kinds of norms that shape the law of a state.

Constitution:

It is the supreme law that underlies the entire legal system of a country.

Constitution of 1978:

The Spanish constitution was the result of a broad agreement among political forces. The merit of the current constitution is that it represents a large majority of citizens.

Autonomy:

Self-government means for the nationalities

Historical Context and Adoption

• November 22, 1975: Joint session of the Council of the Realm and the Cortes, proclaiming the King.
• January 4, 1977: Political Reform Act promulgated.
• June 15, 1977: General Election held.
• October 31, 1978: The drafted text was approved by the full Congress and the Senate.
• December 6, 1978: Submitted to national referendum.
• December 27, 1978: The King, in a joint session of both Houses, sanctioned and promulgated the Constitution.
• December 29, 1978: Published in the BOE (Official State Gazette), entering into effect that day.

Structure of the Constitution

Preamble

Collects the principles underlying the articles.

Preliminary Title (Arts. 1–9)

The general principles of constitutional order.

Part I: Fundamental Rights and Duties