Constitutional Court: Structure, Powers, and Rulings
The Constitutional Court
Constitutional Justice: General Approach
- Constitutional jurisdiction is defined as the system that seeks to decide fairly, in accordance with fundamental law, through established procedures and special bodies, the enforcement, supervision, and application of constitutional legal norms.
- The origin of the Constitutional Court is often traced to the United States.
- In Europe, Kelsen’s theory is based on the idea of the legislative pyramid, under which the legal system is a coordinated
Union Representation in Spanish Companies
Enterprise Union Sections
Applicable Rules
A dual channel of representation exists. According to Article 8 of the LOLS (Organic Law on Trade Union Freedom), there is unitary representation (works council or staff representatives) and union representation (trade union branches).
Constitution
No specific prerequisites are set; constitution is usually defined by the union’s statutes. Only workers can be union members, not the union itself. Membership does not affect the number of representatives or members
Read MoreUnderstanding Worker Obligations and Employer Rights
Power directly. Obligations and duties obligate the worker to perform the work agreed under the direction of the employer. The duty of care and collaboration of work is marked by laws, collective agreements, and orders or instructions adopted by the employer. The employer has the right to take any action it deems appropriate for surveillance and monitoring to verify compliance by the employee with their obligations and work duties, keeping in consideration due to human dignity. The employer may
Read MoreSpanish Unified Code: Corporate Governance for Listed Firms
Context and Development of the Unified Code
The need for a Unified Code (UC) arose from several developments following the Olivencia Report (1998) and the Aldama Report (2003), as well as related legislative changes. These domestic factors necessitated a new report.
Key international drivers included:
- European Union (EU): Publication of various proposals and recommendations on specific corporate governance issues, such as the remuneration of directors in listed companies.
- Bank for International Settlements
Key International Law Cases: Lotus and Yahoo
Lotus Case
Parties
France vs. Turkey, PCIJ, 1927
Facts
In this case, a French ship named Lotus and a Turkish ship Boz Kourt collided on the open sea. As a result of the collision, Boz Kourt sank and some crew members died. After Lotus reached Istanbul, Turkey arrested Demos, a crew member of that ship, and also seized the ship Lotus, demanding compensation.
Then France requested Turkey to release the ship Lotus, but Turkey refused. Subsequently, they began the trial in a Turkish court.
Issue
Does Turkey
Read MoreSocial Work: Legal Frameworks & Client Rights
Legal Knowledge for Social Workers
Understanding the law is crucial for social workers (SW) for several reasons:
- Defining Practice Limits: It helps you understand the boundaries of your professional practice.
- Avoiding Liability: It assists in avoiding actions that could lead to professional sanctions, criminal charges, or civil liability.
- Upholding Rights: It ensures you understand your rights and, critically, your clients’ rights.
- Accessing Services: It helps you identify benefits and services available