Intermediate Phase and Compliance in Criminal Proceedings
Empirical Concept
This phase encompasses various processes and content, extending from the conclusion of the investigation or research activity until the commencement of the trial and before the practice of proof begins.
Key Exhibits
- Decision on Adequacy of Training: Determines if training is sufficient or needs further development. Includes indictment completion.
- Trial: Judicial oversight of the factual and legal basis, ensuring sufficient consistency to justify proceeding to trial. Assesses the reasonable
Contract Amendments, Functional & Geographic Mobility
Contract Amendments, Functional & Geographic Mobility
Item 5 – Contract Amendment
1. Substantial Contract Changes
Substantial employment contract changes may occur due to: a) New laws altering contract terms; b) Mutual agreement; c) Business reasons (justification required). Modifiable conditions include work schedule, shift patterns, remuneration, and functions (when exceeding functional mobility limits as per Article 39). Change of venue constitutes a contract modification requiring employer
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Track 1: The Employment Contract
Art. 1.1: Definition of an Employment Contract
An employment contract exists when an individual voluntarily provides services under the direction of another person (employer) in exchange for payment.
Provision of Services
The provision of services includes both manual and intellectual work. It emphasizes activity, not results. The worker must fulfill their hours, not necessarily achieve a specific outcome. The service must be voluntary; if the employee’s consent is
Read MoreSpanish Constitution and Law Sources
Item 19: The Constitution as the Source of Law
Secondary Rules
1. Regulatory Powers
The Spanish Constitution grants the government regulatory power, defined as the executive’s ability to issue general rules below the rank of law. This authority is inherent in the executive function. A key question is whether the government can exercise this power where the law doesn’t act. This issue has two aspects:
- In some countries, the Constitution reserves certain matters for law, while others are covered by regulations.
International Arbitration: Resolving Disputes Between States
International Arbitration
Hague Convention of 1907
According to Article 37 of the Hague Convention of 1907, international arbitration settles disputes between states through judges they elect, based on respect for law. The arbitration agreement includes a commitment to submit in good faith to the arbitral ruling. Generally, states determine the substantive and procedural rules applied in arbitration through their consent.
The state designates the body or persons acting as referees, the extent of their
Read MoreInternational Treaties in the Spanish Legal System
The Constitution as the Source of Law
1.1 Integration into the Spanish Legal System
International treaties, agreements by which the state assumes international obligations, become part of domestic Spanish law upon official publication in the Boletín Oficial del Estado (BOE). This automatic inclusion mechanism requires no adaptation law. Once published, the treaty becomes a binding national rule, observed by all state organs and applied by judges in relevant cases.
Treaties also possess passive legal
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