Fundamentals of Labor Law: Rights, Sources, and EU Regulations
Key Characteristics of Labor Law Regulation
For an activity to be regulated by labor law, it typically exhibits the following characteristics:
- Voluntary: Individual workers should be free to decide whether to enter and remain in the employment relationship.
- Personal: The work is performed by the individual worker for another, yielding the fruits of labor and wages in exchange. This distinguishes it from self-employment, where the individual performs the work activity for themselves.
- Dependence (Subordination)
Francoist Spain: Legal Framework and Repressive Apparatus
Francoist Spain: Legal and Institutional Framework
The Francoist regime established a unique legal and institutional framework, often referred to as its “constitution.” Public servants were obliged to swear allegiance to its principles, and ex officio members of the National Movement automatically became civil and military officials.
Key Fundamental Laws
The Organic Law of the State (1967)
This was the most important political source of the Franco regime, consolidating earlier fundamental laws. It firmly
Read MoreSpanish Constitutional History and Legal Codes
Spanish Constitutions and Legal Codes
Constitution of 1812 (Cádiz)
Effective: 1812-1814, 1820-1823, 1836-1837
- Constitutional Monarchy
- National Sovereignty
- Separation of Powers: Legislative (Cortes & King), Executive (King), Judicial (Courts)
- Roman Catholic Confessional State
- Constitutional Rigidity (difficulty in reform)
- Unity of Jurisdiction and Codes
- Suffrage: Indirect universal male suffrage
- Rights: Freedom of press, thought, habeas corpus, inviolability of home, property protection
Royal Statute of
Read MoreEssential Business Law Concepts for BBA Students
Negotiable Instruments: Definition & Party Liabilities
Definition of Negotiable Instrument
According to Section 13 of the Negotiable Instruments Act, 1881, a Negotiable Instrument means a Promissory Note, Bill of Exchange or Cheque payable either to order or to bearer.
A Negotiable Instrument is a written document guaranteeing the payment of a specific amount of money to a specified person or the bearer of the instrument, either on demand or at a future date.
Examples of Negotiable Instruments
- Promissory
EU Migration, Asylum, and Citizenship: Legal Frameworks and Challenges
European Union Migration and Asylum Policies
Migration has significantly shaped the European Union since post-World War II. This began with labor migration in the 1950s-1970s, followed by the Schengen Agreements (1985, 1995) which facilitated free movement, and the establishment of the Dublin Regulation in the 1990s.
The 2015 Refugee Crisis and its Aftermath
The 2015 refugee crisis saw the arrival of over 1 million refugees, primarily from Syria, Afghanistan, and Iraq. This period highlighted significant
Read MoreLegal Wrongfulness: Conceptions and Sanctions
Item 12: Wrongfulness and Legal Sanctions
Conceptions of Wrongfulness
Classical Conception
The classical conception of wrongfulness considers unlawful conduct as a dependent variable of the concept of “good,” and therefore, illegality is defined as an evil. The law operates as a repressive instrument of crime, attributing a penalty involving punishment or an evil for the guilty subject. However, not all evil actions are to be covered by the law; the law can define its own wrongs that do not necessarily
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