Rights, Duties, and Status of Public Employees
Individual and Collective Rights
Public employees possess individual rights often exercised collectively, including:
- Participation
- Freedom of association
- Collective bargaining
- Strike meeting (in accordance with legal provisions)
Duties and Ethical Principles
Public employees are obligated to diligently perform assigned tasks, uphold general interests (subject to the Constitution and other legislation), and adhere to these ethical principles:
- Objectivity
- Integrity
- Neutrality
- Accountability
- Impartiality
- Confidentiality
- Commitment
Protection of the Constitution: The Constitutional Court & Its Role
Protection of the Constitution
1. The Constitutional Court
The Constitutional Court is essential for upholding the Constitution as fundamental law. It’s a key component in the system of power organization and distribution, acting as the supreme interpreter of the Constitution.
Most Important Aspects of the Constitutional Court:
- It exercises real jurisdiction, independent of the judiciary, subject only to the Constitution and its Charter.
- Its jurisdiction is directly derived from the Constitution.
- It holds
Principles of Criminal Procedure Code: A Guide
Preventive Detention
Under the old system, a judge could order the detention of any individual subject to or from the mere act of submission to process. This submission to process (indictment, the most important decision of the old process) was not limited. The judge would apply Article 264 if the subject had testified, the existence of the offense was shown, and the subject’s role as perpetrator, accomplice, or accessory was proven. The act of processing was dictated, and the person remained in
Read MoreLegal Classification of Conduct and Euthanasia, Abortion, and Genetic Manipulation in Spanish Criminal Law
PEC 1
1. Legal Classification of Conduct
a. Mauricio’s Case: Mistaken Identity
Mauricio, intending to kill Vincent, mistakenly kills Alberto. Despite the error, this is classified as homicide. The intent to kill was present, even if directed at the wrong person.
b. Eusebio’s Case: Aberratio Ictus
Mauricio, aiming for Vincent, accidentally kills Eusebio. This is considered a concurrence of attempted murder (against Vincent) and reckless homicide (against Eusebio).
c. Vincent’s Case: Treachery and Aggravated
Read MoreLimited Liability Company (LLC): A Comprehensive Guide
Limited Liability Companies (LLCs)
LLCs are a type of capitalist society suitable for companies with few partners and who do not require high capital figures.
General Characteristics
The most important characteristics of LLCs are:
- The number of partners for their formation is one or more. When formed by a single partner, they are called sole proprietorships. In this case, the partner may be a natural person or a legal entity. It can also happen that the corporation had been formed with two or more partners
Autonomous Communities and Local Entities in Spain
Autonomous Community Organizations
Institutional Organizations (Article 152.1 of the Spanish Constitution)
Legislative Assembly
Elected by universal, equal, free, direct, and secret suffrage. The organs of political representation of citizens that make up an autonomous community.
Council of Government
With executive and administrative functions. Its members are politically accountable to the Legislature. Exercises regulatory powers within the scope of its powers.
President of the Autonomous Community
Handles
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