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

Basic Law: Human Dignity and Liberty

Ensures freedom of movement for Israelis into and out of the country.

Separation Fence Impact on Palestinian Farms

The court will rule that injuries caused by the fence are disproportionate to the security benefit; the fence has to be rerouted.

Ministry of Education Special Grants to Jewish Schools

The court will hold that these grants are discriminatory in their impact since it may be assumed that the criteria were chosen in order to exclude Arab communities, therefore, invalid.

Gender Equality in Israel

YES, because there is both formal and substantive equality in Israel stemming directly from the Declaration of Independence and from decisions of the HCJ.

YES, equality is a non-enumerated right from the Basic

Accrual

Article 21 of the General Tax Law (LGT) defines accrual as the moment which determines the event performed that produces the birth of the principal tax liability. To narrow down the moment in time that this occurs, we must differentiate between tax accrual of taxable periodic taxes and instant taxes. In the first case, the legislature must enter narrow time periods. Fiction serves to establish that the moment the taxable event occurs, usually periods of months or years. The rule in instant charges will be that in force when the taxable event occurs. In contrast to periodic taxes, and unless otherwise provided herein, the applicable standard for reasons of legal certainty will be in force at the time of commencement of the tax period....

The Decretos de Nueva Planta: Centralizing Spain

Following the War of the Spanish Succession, traditional regional policies and institutions across the Crown of Aragon were replaced by the Spanish administration through a series of royal provisions. These were collectively known as the Decrees of Nueva Planta. Named to provide a 'new organizational structure' (nueva planta), these decrees fundamentally reshaped local agencies and courts, notably establishing the Audiencia-Corona.

Valencia: Abolition of Privileges

During the War of the Spanish Succession, once Aragon and Valencia seemed subdued, Philip V issued a first decree on June 29, 1707. This decree justified, citing the rebellion of his subjects, the abolition of their privileges and the...

In administrative law, competence refers to the specific authority an administrative body possesses over a particular subject. It is a subjective attribute of the body, meaning that when it holds public interests and powers, it shall have jurisdiction.

Commonly, the term competence is often objectified, equating the notion of competence with interest. For example, one might say that international relations are the responsibility of the Ministry of Foreign Affairs. In a strictly technical sense, however, one would say that international relations are the interests of the Ministry.

Juan Alfonso Santamaría Pastor illustrates the false distinction between the objective and the more accurate subjective side, stating that "there is no competence,

Content of Calls

The calls, along with their bases, are published in the Official Gazette and shall contain at least:

• The number of places offered.
• Center to which applications should be addressed.
• Requirements to be met by applicants.
• Selective tests that have to be held, and if applicable, list of merits to be taken into account.
• Description of the selection board.
• Qualification.
• Program to govern the tests.
• Calendar of evidence.
• Order of performance of candidates, according to a prior draw.

Submission of Applications

Applications to participate in the proceedings should occur within a period of up to 20 calendar days from the day after the publication of the call in the BOE. To be admitted, and where appropriate, take part in the selection tests, simply...

Contracts for Work in Public Administration

Contracts for work are formal agreements between a public administration entity and a contractor. These agreements primarily involve:

• The construction of real estate.
• The performance of work to alter the form or substance of land or subsoil.
• Land reform, repair, maintenance, or demolition of properties defined above.

Awarding Public Works Contracts

Public works contracts are typically awarded through several established procedures, designed to ensure transparency and competitiveness:

• Open Procedure: This method allows any interested economic operator to submit a tender.
• Restricted Procedure: Only those economic operators specifically invited by the contracting authority may submit tenders.

Both open and restricted...

The Presidential System

The Presidential System

While both systems may appear different, one featuring a monarch with secretaries and the other a parliament making crucial legal rules, the political formula known as "presidential leadership" relies on the president's moral and political influence to implement decisions within the state structure.

The presidential regime, similar to a limited monarchy, allows the legislature and executive to perform their roles without creating dependency relationships.

Basic Features of a Presidential Regime:

1. Monistic Executive Power: The head of state and head of government are the same person: the president. The president, directly elected by the people, possesses popular legitimacy and governs. They freely appoint

The pledge means that the item offered as security is handed over to a third party or the creditor, who may seek a sale if the obligation is not satisfied. A pledge, therefore, requires the transfer of possession to the creditor. This dispossession is replaced by registration in certain cases where the legal system permits, specifically for objects such as individual fruits, animals, and machinery. This follows from Article 54 of the Law of Chattel Mortgages and Pledges Without Transfer of Possession of December 16, 1954; the constitution of a pledge without displacement of possession is governed by the aforementioned law.

Once possession is received, the creditor is entitled to offset these assets against those owed. In case of a breach of...

Employment Contract Definition

An employment contract is an agreement between an employer and an employee, establishing the obligation to provide specific services under the employer's direction in return for remuneration.

Forms of Employment Contracts

• The employment contract can be written or verbal.
• If the written requirement is not observed, the contract is considered signed for an indefinite time and full-time. However, this presumption can be countered by proof certifying the temporary or part-time nature of the service.
• Either party may demand that the contract be formalized in writing, even during the course of the employment relationship.

Contracts That Must Be Written

Certain contracts are required to be formalized in writing, including:

1. Indefinite

The Employment Contract Explained

An employment contract is an agreement between two parties where one (the worker) undertakes to provide specific services under the direction of the other (the employer) in return for compensation.

Parties in an Employment Contract

Defining the Worker

Workers are individuals who voluntarily perform work within the organization and under the direction of an employer, receiving a wage in return for the results of their labor.

Worker Eligibility and Restrictions

The capacity to be recruited as a worker applies to:

• Individuals older than eighteen.
• Individuals under eighteen who are legally emancipated.
• Individuals over sixteen and under eighteen, provided they live independently or have permission from parents or legal