Rights and Duties Flashcards

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1
Q

What are the rights towards the State?

A
  • Liberty (negative): the State has a duty of abstention
  • Political (participative): regard people’s political decisions
  • Social (positive): the State has a duty to intervene
  • Economic
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2
Q

What are the rights towards the private natural and juristic persons?

A
  • Absolute: none can interfere with this right
  • Relative: typical on loans or contracts
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3
Q

Who are the subjects of rights?

A
  • Individual
  • Collective
  • Communitarian
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4
Q

What is the content of rights?

A
  • Personal (non pecuniary)
  • Economic (pecuniary): in rem/in personam
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5
Q

What is the level of recognition of rights?

A
  • Human international rights
  • European Rights
  • Constitutional National Rights
  • Legislative Rights
  • Customary Rights
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6
Q

What are the possible sources of limitation of a right?

A
  • Constitutionl only
  • Constituional amendments also
  • European/International Law
  • National statutes
  • Judicial warrants
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7
Q

What are the state type of protection of a right?

A
  • By courts upon public prosecution
  • By court upon voluntary private lawsuit
  • By Public officials or services
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8
Q

LEGITIMATE INTEREST

A

When the public administration exercises authoritative powers, pursuing the public interests, the individual is not entitled of a “right”, that can be obtained/conserved against the public power, but of a QUALIFIED EXPECTATION, protected by the administrative courts, that the administrative activity is fair, impartial and lawful.

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9
Q

What are the duties towards the state?

A
  • Solidarity
  • Political
  • Economic
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10
Q

What are the duties towards the private natural and juristic persons?

A
  • General duties (“erga omnes”)
  • Specfici obligations (“inter partes”)
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11
Q

Who are the holders of the duties?

A
  • Individuals
  • State in general
  • Government authorities
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12
Q

What is the content of duties?

A
  • Personal
  • Economic
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13
Q

What can be the level of imposition of a duty?

A
  • Human international duties
  • European duties
  • Constitutional duties
  • Legislative duties
  • Customary duties
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14
Q

What can be the sources of limitation of a duty?

A
  • Constituion and Constitutional amendments
  • European/International Law
  • National Statutes
  • Judicial Warrant
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15
Q

What are the state type of enforcement of duties?

A
  • By administrative authorities directly
  • By courts upon public prosecution
  • By courts upon voluntary private lawsuit
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16
Q

RESPONSIBILITIES

A

A combination between a right and a duty
- by virtue of law
- by virtue of judiciary appointment