Citizen Participation and Social Welfare in Spain
Political Structure
Currently, our system features a Head of State. The legislature collaborates closely with the executive, fostering a relationship of trust. The General Council of the Judiciary (CGPJ) governs the judiciary but depends on the executive.
The Constitutional Court (TC) is a judicial body that doesn’t belong to the judiciary. State law holds all power. Article 9 mandates that citizens and public authorities adhere to the Constitution (EC) and other regulations. This includes:
Principles
Read MoreLegal Procedures: Entry, Registration, and Communication Oversight
Item 8: Diligence Registry Entry and Enclosure
The measure of entry and registration is regulated in Articles 545 to 572 of the Criminal Procedure Code (CPP). It is noted that the inviolability of the home is a fundamental right enshrined in Article 18.2 of the Spanish Constitution. Consequently, registration must meet certain requirements. The budget states that there must be indications that the place is associated with the accused, or that it contains effects or instruments of a crime, books,
Read MoreTraffic Law: Penalties and Vehicle Retention
Recidivism
Article 177. Repeat offenders will have their penalty doubled.
Surplus, Passengers, and Cargo
Article 178. The competent authority will prevent vehicle movement when determining excess passengers or cargo until people are transferred or the overload is released, subject to punishment.
License or Professional Driving Suspension
Article 179. License or professional degree suspension will be applied as follows:
- Three (3) months: Driving vehicles not authorized by the license.
- Six (6) months:
- Drivers
Administrative Penalties: Principles and Application
Legal Principles
Includes a double guarantee: Material (unlawful conduct and sanctions in writing) and Formal (law book on penalties). Clarifications regarding reservation bills: no provision for procedural matters, can be accomplished by Decree Law, no retroactive regulations, applied with Administrative Law nuances. Regulations absolutely prohibited: independent or not clearly subordinate to the legal clause, or based on unspecified remission. Collaboration-regulation is permissible when the law
Read MoreJudicial Proceedings in Tax Law: Venezuela’s Legal Framework
Title VI: Judicial Proceedings
Chapter I: Tax Appeal Litigation
Section One: Filing and Admission of Application
Article 259 – The contentious tax appeal shall be admissible:
- Against acts of particular effects that can be challenged through administrative appeal, without prior exercise of this resource.
- Against acts referred to in the previous paragraph, when the administrative appeal was denied implicitly under Article 255 of this Code.
- Against decisions that wholly or partially deny the administrative
Understanding Obligations: Types and Legal Implications
1) Joint Obligations
Joint obligations involve multiple benefits, all of which must be fulfilled by the debtor. The debtor is required to provide cumulatively more benefits for the fulfillment of all. This is governed by common law rather than the Civil Code (CC) regarding simple obligations. The debtor is not de-obligated until each provision in the full obligation is met.
2) Alternative Obligations
In alternative obligations, the debtor is required to complete only one of several benefits listed
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