Luigi Ferrajoli’s Formal Definition of Fundamental Rights
Item I: Definition of Fundamental Rights
1. Ferrajoli’s Formal Definition
Luigi Ferrajoli proposes a theoretical definition, purely formal or structural, of fundamental rights. Fundamental rights are defined as all those subjective rights that are universally attributed to all human beings as endowed with the status of persons, citizens, or persons with capacity to act.
In this context, the key terms are defined as follows:
- Right: Any positive expectation (of performance) or negative expectation (no
Fundamental Rights and Judicial Protection under Constitutional Law
Fundamental Rights and Jurisdiction
1. Purpose of Jurisdiction
The purpose of jurisdiction can be understood through the following sequences:
- Entire possible sequence: substantive right, action, and application of jurisdiction.
- When the substantive right is not violated: substantive right.
- When the substantive right is violated: substantive right, action, and application of jurisdiction.
2. Article 24 of the Spanish Constitution (SC)
Judicial Protection (Article 24.1 SC)
All persons have the right to obtain
Read MoreKey Legal Elements of a Business Partnership
Explicit Elements of a Company
- Social Nature: It must be organized according to one of the types provided by law.
- The Pool (Capital): The contribution required of each partner.
- Common Purpose: The objective for which the society is formed and exists.
- Participation in Profits and Losses: Partners must share in both the gains and the losses.
- Number of People: It requires the participation of two or more people for its formation and survival. The reduction to a single member is grounds for dissolution.
A
Common EU Tax System for Associated Companies’ Interest & Royalties
EU Directive 2003/49/EC: Cross-Border Interest & Royalty Tax
This document outlines the key provisions of Council Directive 2003/49/EC of 3 June 2003, which establishes a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States.
1. Directive Structure and Key Elements
The basic elements involved in this directive are:
- State of Origin: This is the state of the payer, which can be a company or a permanent establishment (all
Public Procurement Essentials: Contracts and Compliance
Understanding Public Contracts: Key Aspects
Public contracts are essential for government operations, covering a wide range of needs. This document clarifies various aspects of public procurement, from contract types to compliance requirements.
Key Areas of Public Contracts
Public contracts exist to cover various essential areas, including:
- Works (e.g., construction projects)
- General utilities
- Supplies (e.g., goods and materials)
- Consulting services
- Support services
- Other specialized services
Public Procurement
Read MoreBusiness Structures, Entrepreneurship & IP Essentials
Fundamentals of Business & Entrepreneurship
Free Market Economy
Individuals choose economic activities, while the state imposes regulations to control the economy. Price fixation is free.
Freedom of Enterprise
The freedom for private businesses to organize and operate for profit within a competitive system. There is no government interference, other than to protect public interest and maintain national economic balance.
- Freedom to choose business within legal frameworks
- Private property rights
- Free