Review of Administrative Acts and Remedies in Administrative Law
Review of Administrative Acts
Automatic Review. Administrative Remedies.
The review of administrative acts starts from an existing administrative act and raises the possibility of its modification or replacement. This can take place either on the administration’s own initiative or at the request of the interested party. We are located at all times within the administrative phase.
Against decisions and procedural measures, if the latter directly or indirectly decide the merits of the case, determines
Read MoreGuardianship: Legal Protection of Minors and Disabled
Introduction
Guardianship is a legal institution designed to protect minors and individuals deemed disabled by a court ruling. It serves as a substitute for parental authority when necessary, encompassing the care of the ward’s person and property. The guardian is granted powers of representation in both personal and property matters, with exceptions established by law or the incapacitation ruling.
Who Needs Guardianship?
- Unemancipated minors not under parental authority.
- Individuals declared disabled
Public Service Management and Provision
Constitutional Public Service Budgets
The Constitution broadly covers the social benefits of administrative activity, presenting it as a mandate rather than a possibility. However, the European Commission (EC) does not permit an all-encompassing public administration that excludes or marginalizes the private sector. It requires a formal law to explicitly reserve a service for the public sector.
For a service to be considered public, it must present an essential consideration. This essential consideration
Read MoreSexual Assault: Penalties and Legal Aspects in the Penal Code
Sexual Assault
Articles 178 et seq. of the Penal Code punish anyone who violates another person’s sexual freedom through violence or intimidation. The offense has a basic structure, a qualified violation (if involving intercourse or object insertion), and several aggravating factors increasing penalties.
Article 178
Violating another person’s sexual freedom using violence or intimidation is punishable by one to five years’ imprisonment for sexual assault.
Article 179
When sexual assault involves vaginal,
Read MoreBourdieu’s Sociology of Law: Symbolic Power and Judicial Decisions
Bourdieu’s Sociology of Law: Symbolic Violence
The Strength of Legal Elements
2.2.: The Strength of the Right Elements for a Sociology of the Legal Field, Pierre Bourdieu
Breaking with the established dichotomy between the factual (power, experience) and the symbolic, Bourdieu highlights their relationship: symbolic X factual. Law often appropriates only the factual dimension, reducing the legal to the merely factual. This dichotomy represents modernity. However, Bourdieu urges a break with this
Read MoreSexual Abuse: Types, Penalties, and Legal Aspects
Sexual Abuse
Sexual abuse encompasses behaviors previously known as statutory rape. It involves sexual acts without violence or intimidation. Legal distinctions do not consider aggression, the gender of participants, or specific sexual acts. The key difference lies in the absence of consent, including cases of fraud or coercion where consent is invalid.
Without Sexual Abuse: Basic Type
This involves sexual acts without intercourse or penetration. Even with apparent consent, it’s considered abuse
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