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Prosecution Ministry
The Prosecution Ministry (''Spanish: Ministerio Fiscal'') is a constitutional body (Part VIbr>§ 124 integrated in the Judiciary of Spain but with full autonomy entrusted with the promotion of justice to defence the rule of law, the rights of the citizents and the public interest as well as watch over the independence of the courts of justice. Admission to the prosecution career is made by a public exam between persons who have a degree in Law and who meet the required capacity requirements (EOMF § 42). The exam for admission to the judicial and prosecution careers are joint, so that all those who satisfactorily pass the theoretical tests have to proceed to the election of entry into one or another career. Those who choose the prosecution career must complete a training course at the Center for Legal Studies, after which they enter the prosecution career with the corresponding oath and take possession of the place of destination (EOMF § 45). Functions To accomplish the mission ...
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Paseo De La Castellana
Paseo de la Castellana, commonly known as La Castellana, is a major street in Madrid, Spain. Cutting across the city from South to North, it has been described as the "true structuring axis" of the city. History and description The street was formerly a thalweg partially along which the Arroyo de la Castellana flowed towards its emptying in the Abroñigal. The ''Fuente Castellana'', which was the main source of the Arroyo de la Castellana and, according to Cervantes, a spring with "extremely cold waters", was located near the current day plaza de Emilio Castelar. The waterstream, formerly used as dump, was channeled in 1807. The first stretch of the street (from the Gate of Recoletos to the Fuente Castellana) was built following the western (right) bank of the stream; the works started in early 1833, and inaugurated in October 1833, it was named ''Paseo de las Delicias de la Princesa'' and ''Paseo de las Delicias de Isabel II'' after Princess/Queen Isabella, although it was popula ...
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Competence (law)
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms. Depending on the state, a guardian or conservator may be appointed by a court for a person who satisfies the state's tests for general incompetence, and the guardian or conservator exercises the incompetent's rights for the incompetent. Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot t ...
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Judicial Disqualification
Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applicable statutes or canons of ethics may provide standards for recusal in a given proceeding or matter. Providing that the judge or presiding officer must be free from disabling conflicts of interest makes the fairness of the proceedings less likely to be questioned. Recusal in the United States In the United States, the term "recusal" is used most often with respect to court proceedings. Two sections of Title 28 of the United States Code (the Judicial Code) provide standards for judicial disqualification or recusal. Section 455, captioned "Disqualification of justice, judge, or magistrate judge", provides that a federal judge "shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned". The section also ...
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General Council Of The Judiciary
The General Council of the Judiciary (GCJ) ( es|Consejo General del Poder Judicial, (CGPJ) is the national council of the judiciary of Spain. It is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it is established by the Spanish Constitution of 1978, article 122 and developed by the Organic Law 6/1985 of the Judicial Power (LOPJ). The President of the CGJP is also the president of the Supreme Court. Constitutional nature The Constitution of 1978 regulates the General Council of the Judiciary in paragraphs 2 and 3 of the section 122. This means that, the Constitution only detail the way of election of the eight members of the GCJ that they will be chosen between the most renowned jurists. It requires a minimum of 15 years of experience. Four of them must to be chosen by the Congress and the other four by the Senate. Both case requires a majority of three fourths of the members of every Chamber to be elected member of the GCJ. Ot ...
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Spain
, * gl|Reino de España, * oc|Reiaume d'Espanha, | | image_flag = Bandera de España.svg | image_coat = Escudo de España (mazonado).svg | national_motto = | national_anthem = | image_map = | map_caption = | image_map2 = | capital = Madrid | coordinates = | largest_city = capital | languages_type = Official language | languages = Spanish | ethnic_groups = | ethnic_groups_year = | ethnic_groups_ref = | religion = | religion_ref = | religion_year = 2020 | demonym = | government_type = Unitary parliamentary constitutional monarchy | leader_title1 = King | leader_name1 = Felipe VI | leader_title2 = Prime Minister (President of the Government) | leader_name2 = Pedro Sánchez | leader_title3 = President of the Senate | leader_name3 = Pilar Llop | leader_title4 = President of the Congress of Deputies | leader_name4 = Meritxell Batet | leader_title5 = President of the Supreme Court | leader_name5 = Carlos Lesmes Serrano | legislature = Cortes Generales ...
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Attorney General Of Spain
Attorney may refer to: Roles * Attorney at law, an official title of lawyers in some jurisdictions * Attorney general, the principal legal officer of (or advisor to) a government * Attorney-in-fact, a holder of a power of attorney who is (though not necessarily a lawyer) able to act on another's behalf in legal and financial contexts * Lawyer, a synonym for attorney Other uses * Attorney, the name of some plants in the genus ''Clusia'' * Attorney's fee, compensation for legal services performed by an attorney (lawyer or law firm) for a client * Attorney–client privilege, or lawyer–client privilege, a "client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney" * ''The Attorney'', a 2013 South Korean film See also * {{disambiguation ...
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National Court Of Spain
The Audiencia Nacional (; en|National Court) is a centralised court in Spain with jurisdiction over all of the Spanish territory. It is specialised in a certain scope of delinquency, having original jurisdiction over major crimes such as those committed against the Crown and its members, terrorism, forgery of currency, credit and debit cards and checks, some trade crimes committed in more than one region and over drug trafficking, food frauds and medical frauds committed in a nationwide level as well as over international crimes which come under the competence of Spanish courts.LOPJ § 65. It has also appellate jurisdiction over the cases of the Criminal Chamber of the National CourtLOPJ § 64. The Audiencia Nacional was created in 1977 at the same time as the Public Order Court (''Tribunal de Orden Público''), an exceptional court created in Francoist Spain, ceased to exist. Most of the rulings of the National Court can ultimately be appealed before the Supreme Court (''Tribunal ...
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Supreme Court Of Spain
The Supreme Court (''Tribunal Supremo, TS'') is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court. As set in the Judiciary Organic Act of 1985, the Court consists of the President of the Supreme Court and of the General Council of the Judiciary, the Vice President of the Supreme Court, the Chairpersons of the Chambers and an undetermined number of Magistrates. Each Magistrate of the Supreme Court is nominated by the General Council of the Judiciary and appointed by the Monarch for a lifetime tenure up to the age ...
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International Treaties
A treaty is a formal legally binding written agreement between actors in international law. It is usually entered into by sovereign states and international organizations, but can sometimes include individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. Regardless of terminology, only instruments that are legally binding upon the parties are considered treaties pursuant to, and governed by, international law. Treaties are roughly analogous to contracts, in that they establish the rights, duties, and binding obligations of the parties. They vary significantly in form, substance, and complexity, and may govern a wide variety of matters, such as territorial boundaries, trade and commerce, mutual defense, and more. Treaties establishing international institutions often serve as the constitution thereof, such as the Rome Statute of the Internat ...
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International Laws
International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally accepted in relations between nations. It establishes normative guidelines and a common conceptual framework to guide states across a broad range of domains, including war, diplomacy, trade, and human rights. International law aims at the practice of stable, consistent, and organized international relations. The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. International law may also be reflected in international comity, the practices and customs adopted by states to maintain good relations and mutual recognition, such as saluting the flag of a foreign ship or enforcing a foreign legal judgment. International law differs from state-based legal systems in that it is primarily—though not exclusively—applicable to cou ...
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Labour Law
Labour law (also known as labor law or employment law) mediates the relationship between workers, employing entities, trade unions and the government. Collective labour law relates to the tripartite relationship between employee, employer and union. Individual labour law concerns employees' rights at work also through the contract for work. are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforce labour law (legislature, regulatory, or judicial). History Labour law arose in parallel with the Industrial Revolution as the relationship between worker and employer changed from small-scale production studios to large-scale factories. Workers sought better conditions and the right to join a labour union, while employers sought a more predictable, flexible and less costly workforce. The state of l ...
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Administrative Law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government as tribunals, boards or commissions that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In civil law countries Unlike most common law jurisdictions, most civil law jurisdictions have ...
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Court Of Auditors (Spain)
The Tribunal de Cuentas (Court of Auditors) is the supreme governmental accounting body of Spain responsible of the comptrolling of the public accounts and the auditing of the accountancy of the political parties, in accordance with the Constitution and its Organic Law. The Court of Auditors is composed by the President and 12 counsellors. The Counsellors are appointed by the Cortes Generales, six of them by the Congress and the other six by the Senate. To be appointed Counsellor of the Court it is needed to be a person with knowledge in audit, judge, prosecutor, university teacher or a public servant in an office that requires superior studies, lawyer, economist or trade professor, all of them with recognized experience and with fifteen years of professional activity. The Court Account Counselors are independent and irremovable. Their term is 9 years. History The very first origins of the Court they go back to the Reign of John II of Castile. Álvaro de Luna, Constable of Castile ...
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Constitutional Court Of Spain
The Constitutional Court ( es|Tribunal Constitucional) is the supreme interpreter of the Spanish Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. It is defined in Part IX (sections 159 through 165) of the Constitution of Spain, and further governed by Organic Laws 2/1979 (Law of the Constitutional Court of 3 October 1979), 8/1984, 4/1985, 6/1988, 7/1999 and 1/2000. The court is the "supreme interpreter" of the Constitution, but since the court is not a part of the Spanish Judiciary, the Supreme Court is the highest court for all judicial matters. Powers The Constitutional Court is authorized to rule on the constitutionality of laws, acts, or regulations set forth by the national or the regional parliaments. It also may rule on the constitutionality of international treaties before they are ratified, if requested to do so by the Government, the Congress of Deputies, or the Senate. T ...
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Recurso De Amparo
In most legal systems of the Spanish-speaking world, the writ of ''amparo'' (also called ''recurso de amparo'' or ''juicio de amparo'') is a remedy for the protection of constitutional rights, found in certain jurisdictions. The ''amparo'' remedy or action is an effective and inexpensive instrument for the protection of individual rights. ''Amparo'', generally granted by a supreme or constitutional court, serves a dual protective purpose: it protects the citizen and their basic guarantees, and protects the constitution itself by ensuring that its principles are not violated by statutes or actions of the state that undermine the basic rights enshrined therein. It resembles, in some respects, constitutional remedies such as the ''tutela'' available in Colombia, the writ of security (''Mandado de Segurança'') in Brazil and the constitutional complaint (''Verfassungsbeschwerde'') procedure found in Germany. In many countries, an ''amparo'' action is intended to protect all rights that ...
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