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

Suspension of Rights: Article 55 CE

Article 55 CE outlines two types of rights suspension:

• Collective: Linked to exceptional states (Article 55.1 CE and 116 CE).
• Individual: Linked to the prosecution of terrorism.

The suspension is not automatic; the declaration act must specify which rights are suspended. This allows for modulation of the suspension's extent. All rights to personal freedom can be suspended, although the rights to be informed of the reason for detention, not to testify, and assistance can only be suspended in a state of siege. Many rights have not been suspended to date.

Individual suspension (Article 55.2) differs from collective suspension as it affects only those in specific circumstances, primarily to facilitate terrorism investigations.... Continue reading "Understanding Suspension of Rights & Economic Policy in Spain" »

Argentina's Government Structure

Argentina's government is defined as representative, republican, and federal.

Representative Government

The village representatives are exclusively divided.

Republican Government

The republican system of government is founded on the principles of popular sovereignty, division of power, frequency of government, and public accountability of government actions.

Federal Government

As stated in Section 5, each province shall enact its own constitution under the representative, republican system, according to the national constitution. This ensures their administration of justice, municipal regime, and primary education.

Eligibility for Election

To be elected, individuals must be Argentine citizens or children of native citizens,... Continue reading "Argentina's Government: Representative, Republican, and Federal System" »

Conference from Berlin

This meeting agreed to represent standards between the European and African continents. I observed a clash of interests among them.

Bloody Sunday

This demonstration of members was addressed for help to lift improvements and was repressed with weapons.

The Tsar's Promise

The Tsar promised the assembly to believe the Duma representative and legislative body.

Triple Alliance

It was the name given to the coalition initially built by the German Empire and the Austro-Hungarian Empire, initiated by Otto von Bismarck. Italy later joined, and the Russian Empire was also invited to be part of it.

Constitution

The constitution is the fundamental rule, written or otherwise, of a sovereign state, established or accepted to govern it. The constitution... Continue reading "Key Historical Events and Concepts in European Politics" »

T-8 - Concept and Legal

Article 1.1 of the OLCC

"The TC, as the supreme interpreter of the EC, is independent of other constitutional bodies and subordinate only to the Constitution and this Charter. It can be conceptualized as the "highest court" in charge of the defense and interpretation of the Constitution.

Essential Notes

A) The Body as Supreme Court

The TC is the supreme court, in its role as institutional status with respect to the other branches of government. Considering its objective function, we emphasize that its mission is to defend and ensure the supremacy of the Constitution in our legal system. It is the first law that must be fulfilled by all subjects of law, as stated in Article CE 9.1: "The citizens and public authorities are... Continue reading "Understanding the Role of the Constitutional Court" »

Substantial Changes in Working Conditions

When justified by economic, technical, organizational, or production reasons, a company may modify working conditions such as daily hours, shift work, compensation, work systems, and performance features, provided the change exceeds functional mobility limits.

These changes must be communicated to the worker and their legal representatives at least one month in advance. If the worker disagrees, they may appeal to a labor court. Collective changes require a consultation period of at least 15 days with the workers' legal representatives before the company can notify the changes to the workers.

Suspension of Employment Contract

Concepts, Causes, and Effects

Suspension of the employment contract means a temporary... Continue reading "Changes and Suspension of Employment Contracts" »

Legal Nature of the Statute of Autonomy

The Statute follows the sui generis rule: it is a specific rule with a double dimension, serving as the basic principle of autonomy while simultaneously forming part of the State's legal order. Three fundamental aspects define its nature:

• The Statute is subject to the Constitution (CE).
• According to the CE, it must be approved by an Organic Law.
• It functions as a basic rule of the Autonomous Community (AC), imposing itself on other regional standards.

Jurisdiction Between the State and Autonomous Systems

The Spanish system features a variety of autonomous regimes. While the Constitution establishes mechanisms for the creation of Autonomous Communities (CCAA), the Statute defines the specific responsibilities... Continue reading "Constitutional Framework of Spanish Autonomy" »

Crime and Deviance

The Nature of Crime

Crime consists of two components: prohibition and violation. Crime would not exist if there were no prohibitions and nobody willing to violate them. Humans coexist with two opposing tendencies: an impulsive component and a normative component. This duality is not found in animals, as they possess inhibitory mechanisms, while humans rely on culture.

The concept of crime has varied across time and space. Its application can also change depending on the subject. For example, monarchs historically enjoyed special immunity. Factors such as age, sex, and the concept of legal age also vary. However, we can affirm that the qualification of a subject as "criminal" aligns increasingly with human development.

Defining

Source of Citizenship: A Common Definition

According to the definition of citizenship, citizenship seems to have these features:

• Members of a community that reside on a permanent basis in a territory.
• Enjoyment of rights that must be protected by the city or state, is the opportunity to participate in the work of the community's government policy directly or indirectly.

Citizenship in Greco-Roman Antiquity

In Roman law, the term civis was reserved for members of the community: men, not slaves, of age, born to Roman parents, etc. Women, slaves, foreigners, etc. were not considered citizens and had fewer rights. In Greece, the recognized political term used to refer to the citizen was a member of the political community that met the requirements.... Continue reading "Understanding Citizenship: From Ancient Greece to Rome" »

Public Limited Company (Corporation)

A Public Limited Company (PLC), often referred to as a Corporation, is a legal entity where capital is divided into shares, which can be registered or bearer.

Articles of Association and Capital Requirements

Its written Articles of Association (or Bylaws) govern the company's operations, covering aspects not explicitly mandated by law. The minimum capital, unless otherwise specified by law, is 60,000 euros. Of this, 25% must be disbursed at the time of the company's constitution, with the remaining amounts payable within a maximum period of five years.

Shareholder Rights

Shares represent an aliquot part of the company's capital and confer a series of fundamental rights upon their holders:

• Right to vote in General

Public Documents

These documents are drafted in accordance with legal requirements and with the intervention of a public official, thereby carrying greater legal weight and effectiveness than common documents.

Public documents pertaining to legal acts include:

• Deeds executed by public notaries in their protocol books, or by other officials with similar powers, and copies of those books taken as prescribed by law.
• Any other instrument issued by clerks or civil servants in the manner prescribed by law.
• Entries in brokers' books, in cases and as determined by the Commercial Code.
• Court papers made in records and signed by the parties, in cases and ways established by procedural law, and copies of such records issued by order of the presiding judge.
• Letters