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

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

State's Fiscal Roles and Legal Relations

Within the legal relations of the State, classified as Fisco Owner (Fiscal Owner), the State can acquire goods through various origins. These origins include:

1. By Law: As stated in the Civil Code, lands without owners revert to the State.
2. Free of Charge: By gift or inheritance, as referred to in Article 965 of the Civil Code, which states that in the absence of heirs, property shall revert to the State.
3. For Value: Through assets purchased by the Treasury for specific properties, or through swaps.
4. Through Income Concepts: Via asset leasing, concessions, sale of goods, customs duties, and auctions.

Fisco Creditor (Fiscal Creditor) describes a legal relationship where the State can demand payment, either in kind... Continue reading "Understanding State Fiscal Roles and Public Service" »