Notes, summaries, assignments, exams, and exercises for Law for University

Disciplinary Dismissal and Article 54 of the ET

Disciplinary dismissal is governed by Article 54 of the Workers' Statute (ET). It is a dismissal where the employer unilaterally terminates the contract due to a serious and culpable breach by the worker. There must always be a correspondence between the penalty and the offense, satisfying the principle of proportionality in the application of this ultimate sanction.

Legal Causes and the General Clause

Article 54 outlines several specific causes, complemented by a general open clause regarding the transgression of good faith and breach of trust. This serves as a "mixed bag" that encompasses various violations. It is important to note that this regime does not follow the current sanctions of criminal...

The European Union employs several committee procedures to facilitate the adoption of implementing acts. These include:

• The Advisory Procedure
• The Management Procedure
• The Regulatory Procedure
• The Regulatory Procedure with Scrutiny
• Procedural Safeguards

Common Elements of Advisory, Management, and Regulatory Procedures

In all these cases, a committee composed of representatives from the Member States and chaired by a representative of the European Commission is involved. The Commission submits its draft implementing measures to the Committee for an opinion within a specified period. The Committee acts by qualified majority.

European Parliament (EP) participation is limited to when the Commission sends its draft measures, allowing the EP to adopt a...

Protection Against Unfair Competition in Spain

Protection against unfair competition requires a minimum standard of conduct in relation to competitors. In Spain, this protection is regulated by Law 3/1991, which was subsequently amended by Law 29/2009. This legislation ensures that companies compete fairly with one another by prohibiting a range of business conducts designed to prevent unfair competition.

Prohibited Business Practices

• a) Acts of confusion: Prohibited by Article 6, this includes any behavior suited to create confusion regarding the activities, services, or facilities of others.
• b) Acts of deception: Prohibited by Article 7, these involve incorrect or false information, the omission of facts, or any other misleading practice regarding

The Significance of the XII Tables in Criminology

The XII Tables established the foundation for all criminal laws in Europe from the Middle Ages until the nineteenth century, marking the dawn of modern penal codification.

Key Contributions of Roman Law

• Equality Before the Law: For the first time in Rome, laws applied equally to patricians and plebeians, providing procedural guarantees for both classes.
• Limitation of Private Revenge: Introduced formal constraints on vengeance, even through the law of retaliation.
• Separation of Church and State: Created a clear distinction between religion and law, establishing state-administered penalties.
• Public vs. Private Crimes: Formally separated public offenses from private disputes.

Private Revenge in Germanic

Cognitive vs. Executive Activity in Law

Cognitive Activity: This refers to the process suitable for recognizing a right that is still uncertain and formulating the legal rule applicable to a specific case. It is a knowledge or cognitive process.

Executive Activity: This involves the state instruments available for the effective practice of law that has already been recognized. It is the implementation process, which can be standalone or a phase within a broader process.

Main Goal of Legal Enforcement

The primary goal of enforcement is the practical and real satisfaction or realization of a right recognized in an enforceable judicial or extrajudicial title.

Key Enforcement Principles: Effectiveness & Lower Cost

Principle of Maximum Effectiveness:

Administrative Law

These are the joint rules governing social institutions and the acts of the executive for the achievement of public purposes.

Space Law

A set of rules and principles governing air navigation in its legal aspect.

Employment and Labor Law

This branch of legal science covers all positive norms and doctrines concerning the relations between capital and labor, and between management and labor (intellectual, technical, managerial, or manual control). It addresses the contractual and legal aspects constituting two basic elements of the economy where the state, as a neutral and higher power, defines the main lines of the rights and duties of both parties in the overall process of production.

Business Law

A collection of rules determining...

Criminal Procedural Law

This encompasses the rules governing the activities within a legal procedure or process.

Key Concepts

Contradictory: Occurs when there's an opposing party, and the judge determines who exercises the right.

Without Contradiction: A voluntary application before the judge without an opposing party.

Trinomial Proceedings: Involves the judge, plaintiff, and defendant.

Guiding Principles

• Equality: All parties are treated equally under the law.
• Concentration: Parties take steps to expedite the process and gather evidence efficiently.
• Judicial Economy: Focuses on efficiency to expedite the process.
• Disposition of the Parties: Parties can request documents to understand the process, which must be transparent.
• Matching of the Sentence: The

Right to Effective Judicial Protection

The right to effective judicial protection is covered in Article 24.1. It places the individual as a creditor against the State, which must provide the right to be heard. This is the most frequently raised right before the Constitutional Court (TC). It requires the legislature to fill its content. The purpose of the law is to provide procedural guarantees. The holders are all natural persons, as it is considered an inherent right to human dignity.

Three Pillars of Judicial Protection

This right is projected onto three specific areas:

• Right of access to judicial bodies: If a requirement is not met but is rectifiable, the individual must be given the opportunity to address it.
• Right to obtain a decision: The

Promotion of Prostitution: Article 381: Anyone who repeatedly or for profit, or to satisfy the passions of another, induces, facilitates, or encourages the prostitution or corruption of any person shall be punished with imprisonment from one to six years. If this offense is committed against a lesser person, the penalty shall be applied between the average and maximum.

Public Indecent Assault: Article 382: Every individual who outrages modesty through writings, drawings, or other obscene objects, in any form that may have been made, distributed, exposed to public view, or offered for sale shall be punished with imprisonment from three to six months. If the offense is committed with a profit motive, the prison term is six months to a year....

Evolution of Public Companies

In its first stage, public companies were characterized as being very similar to autonomous bodies.

After the Spanish Civil War and World War II, there was strong growth of public enterprises. At this time, they gradually started to act under private law.

In this second stage, public enterprises resembled corporate public entities.

In a third stage, the liberalization of public enterprises began, leading them to become stock companies.

Defining Public Companies and Legal Requirements

The definition of a public company in EU law depends solely on its duties.

Requirements for Public Company Status

The requirements to become a public company are:

1. They must be created by Public Administration (AA.PP) entities or other entities