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

The European Commission

• Headquarters in Brussels, Belgium.
• Main executive body of the EU, responsible for implementing decisions of the Parliament and the Council.
• Has representation in each of the 27 member states.
• A new Commission is appointed every 5 years, proposed by member state governments.
• Defends the general interests of the Union.

Main Features

• Proposes the elaboration of legislative texts.
• Runs and enforces EU law.
• Represents the EU in international organizations.

The Council of the EU

• Headquarters in Brussels, Belgium.
• Integrates a government representative from each member country.
• Chaired every 2.5 years by the president of a member country's government.
• Presents to member state governments.

Main Functions

• Decides with the Parliament on the adoption

Contractual Consent

• Consent: Consistency or agreement between declarations of intentions of the parties listed in the contract. At least two statements are required:

Essential Elements of Consent

• Statement of intent to offer: A person proposes an undertaking or a contract to another.
• Statement of willingness to accept: A reply to the statement of intent, accepting the contract offer.

Contractual knowledge must be produced regarding the object and the cause of the obligation.

Fundamental Principles

• Freedom of Content: Parties can set the terms they want, provided it is not against the law, morality, or public order. (Article 1255 of the Civil Code: The contracting parties may establish the covenants, terms, and conditions as they see fit, provided

Constitutional Control of International Treaties

The Spanish Constitution (EC) is our basic internal standard. Treaties are subject to the control of constitutionality, just as all major sources of our domestic law are.

Procedures and Consequences of Legal Challenges

Who can impugn these treaties, and what are the consequences? Control is prospective; if the sentence confirms constitutionality, there is no issue. However, if it is found unconstitutional, specific measures must be taken. The control must be:

Prior Constitutional Control Under Article 95

• Previous Control: This occurs before the treaty can produce legal effects. Article 95 of the EC states: "1. The conclusion of an international treaty containing stipulations contrary to the Constitution

Sex Offender Typologies: Groth, Holmes, and Scully

Nicolas Groth's Typologies: Key Components

Groth identified key components in the psychology of sex offenders:

• Hostility: Violation involves more violence than necessary, with sexual arousal stemming from the aggressor's display of strength and anger towards women.
• Power: Seeking sexual conquest to assert identity.
• Sadistic Rape: Premeditated aggression where inflicting injury on the victim causes sexual tension. This is the most dangerous type.

Bridgewater Treatment Center (1969): Four Groups of Violators

• Violators of Displaced Aggression: Desire to humiliate the woman, employing sadistic techniques like tying and wounding. The victim is random, similar to Groth's sadistic rapist.
• Compensatory Violators:

The American Constitutional Experience

Individual Rights and the American Experience

The American experience demonstrates that the concentration process, as an instrument for the liberation of individuals subject to the powers of an ancient feudal manor or corporation, is able to affirm the pre-state of the individual. Is the revolution in a historical or natural dimension, as justified by the known theoretical formulations of the European tradition of limited government and British security purposes?

Historicist and Individualistic Culture

The culture of the American Revolution and its freedoms is simultaneously historicist and individualistic. This is possible because historicism and individualism are no longer on American soil what they were

Unit Representatives

Unit representatives represent all workers, union delegates, and representatives within the same sections.

Collective Agreement

Collective agreements, provided by Articles 82 to 92, are agreements between worker representatives and employers. They define working conditions, salaries, and other terms, even for non-mandatory attributes (where negotiation is allowed).

Who Negotiates?

• Business/Entrepreneur Level: Unit representatives.
• Specific Worker Categories (e.g., Iberia pilots): Union sections negotiate for the entire group, not just members.
• Business Sector (Industry Unions/Associations): The most representative unions/associations.

Agreement Application

The agreement applies to all workers and covers working conditions, salaries,... Continue reading "Worker Representation and Collective Bargaining Essentials" »

Understanding Business Legal Forms: Pros and Cons

Characteristics of a Civil Company

• Unlimited liability
• Minimum 2 partners
• No minimum capital requirement
• Taxation: Personal income tax
• Social security: Freelance contributions
• Name: Free choice with the addition of "SC" (Sociedad Civil)

Advantages and Disadvantages of Choosing a Legal Form

Sole Trader

Advantages:

• Simpler constitution procedures compared to other legal forms.
• No minimum capital requirement for establishment.
• Taxed under personal income tax, with potential tax benefits for lower income brackets (up to 35%).
• The employer retains total control over the company.
• Public assistance may be available for establishment.

Disadvantages:

• Employer's liability is unlimited, risking personal capital.
• Establishment

Decree-Law: Concept and Legal Basis

Decree-law: The executive is empowered to issue rules with the force of law, subject to control by the Poder Legislativo (the legislature). Concept: Article 86 EC. These are temporary legislative provisions which the Government may issue in cases of extraordinary and urgent necessity. When they have the force of law, they may amend or repeal other rules (ley).

Conditions for Adoption

Factual premise: There must be a case of extraordinary and urgent necessity that needs to be regulated by law. Consequently, it is lawful to adopt this instrument only when it is impossible to carry out the legislative mandate through the ordinary lawmaking process in Parliament. The notion of impossibility refers not only to the... Continue reading "Decree-Law Powers Under Article 86 of the Spanish Constitution" »

Residence Requirements: The Spiritual Element

The following points relate to the non-physical requirements of residence:

• a) Housing Independence: There is no requirement that the residence must be independent housing. As a result, it may well be the house where the subject is living with their parents.
• b) Furnishing Requirements: Proper furniture is not required. Therefore, the residence can be a pension, a hostel, or similar accommodation.

Legal Concepts of Domicile and Residence

3. Elective Domicile or Domicile Appointed by Condition

This third type of address is nothing more nor less than the voluntary setting of an address by a subject to perform a legal transaction.

Our legal system (OJ) supports this for the simple reason that Article 40 of

The Prohibition of Force under UN Charter Article 2(4)

Article 2(4) of the UN Charter prohibits the use of force by states in international relations. This prohibition is qualified in scope: it affects only the obligations of States, and the use of force must be incompatible with the purposes of the United Nations.

Consequently, colonial powers cannot use force against colonial peoples to prevent the exercise of self-determination.

Compatibility with Self-Determination Struggles

It is possible to interpret the Charter to make Article 2(4) compatible with the legitimate struggle of colonial peoples for independence. This compatibility arises because the struggle for independence is not incompatible with the purposes of the Charter, and the right... Continue reading "International Law, Force, and the Right to Self-Determination" »