European Community Law and Treaties: A Comprehensive Overview
European Community Law and Treaties
I. International Treaties
1. Concept and Nature
Treaties are rules created by international subjects, fully implementable by states. Understanding their integration into national law is crucial. In Spain, this is addressed in Articles 93 et seq. of the Spanish Constitution (EC). Directly applicable rules must be published in the Official State Gazette (BOE) and adhere to EC procedures.
2. Classes
Treaties can be political, military, judicial, etc. Courts must approve
Read MoreCriminal Law: Sources, Principles, and Scope
Module 2: Sources of Criminal Law
September 7
This module explores the formal sources and materials of criminal law, focusing on the principle of legality. We will examine Article 19 of the Constitution, emphasizing the pro-defendant principle and the principle of limitation. Key references include Section 1 and Article 18 of the Penal Code, and Article 80 of the Criminal Code.
Direct Sources and the Principle of Legality
Ordinary Laws: Laws within the criminal code.
Special Laws: Laws outside the
Read MoreLegal & Administrative Texts vs. Advertising: A Comparative Analysis
Legal and Administrative Texts
These writings regulate relations between citizens and public administration, employing specialized language based on rules and laws.
Classification
- Legal: Produced by the legislature (laws, decrees, resolutions).
- Justice: Issued by the judiciary (subpoenas, lawsuits).
- Administrative: Produced by public administration (records, applications, certificates).
Features
Objectivity ensures unambiguous communication. Bureaucratic language is characterized by:
- Conservatism: Archaic
Working Time and Compensation in Spain: A Detailed Overview
ITEM 8: WORKING TIME AND COMPENSATION
8.1. Workday
Definition
A workday is the time a worker dedicates to actual work, calculated daily, weekly, monthly, or yearly. It’s stipulated in the Workers’ Statute and may be improved upon in collective agreements. Travel time to work is not considered part of the workday. However, if an accident occurs during the commute, social security will cover it, and the worker can take sick leave.
Maximum Ordinary Working Day
The maximum regular workday is 40 hours per
Read MoreCompetition Law, Business, and Legal Systems: A Comprehensive Overview
Competition: A Normal Human Behavior
Competition is normal human behavior; it’s the effort to obtain what others also want. Companies strive for what others want to market: suppliers and customers. Freedom of competition is governed by competition or antitrust laws, based on free enterprise:
- Free access to market goods and services
- Freedom of decision regarding activity
- Freedom to cease business operations
Competition and antitrust laws show that the economy is based on free competition. Competition
Read MoreRoman Law: Contracts, Mutuals, and Payment
Mutuum
Mutuum is a real contract, unilateral, and based on a right in personam. In this contract, a person called the borrower receives from another person called the lender a certain amount of money or fungible things and is obliged to repay the same amount or things of the same kind and quality.
- It is a real contract because it is perfected by the delivery of the thing.
- It is unilateral because it only creates obligations for one party, the borrower, who is obligated to return the amount or things