Rights and Duties Flashcards
What are the rights towards the State?
- 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
What are the rights towards the private natural and juristic persons?
- Absolute: none can interfere with this right
- Relative: typical on loans or contracts
Who are the subjects of rights?
- Individual
- Collective
- Communitarian
What is the content of rights?
- Personal (non pecuniary)
- Economic (pecuniary): in rem/in personam
What is the level of recognition of rights?
- Human international rights
- European Rights
- Constitutional National Rights
- Legislative Rights
- Customary Rights
What are the possible sources of limitation of a right?
- Constitutionl only
- Constituional amendments also
- European/International Law
- National statutes
- Judicial warrants
What are the state type of protection of a right?
- By courts upon public prosecution
- By court upon voluntary private lawsuit
- By Public officials or services
LEGITIMATE INTEREST
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.
What are the duties towards the state?
- Solidarity
- Political
- Economic
What are the duties towards the private natural and juristic persons?
- General duties (“erga omnes”)
- Specfici obligations (“inter partes”)
Who are the holders of the duties?
- Individuals
- State in general
- Government authorities
What is the content of duties?
- Personal
- Economic
What can be the level of imposition of a duty?
- Human international duties
- European duties
- Constitutional duties
- Legislative duties
- Customary duties
What can be the sources of limitation of a duty?
- Constituion and Constitutional amendments
- European/International Law
- National Statutes
- Judicial Warrant
What are the state type of enforcement of duties?
- By administrative authorities directly
- By courts upon public prosecution
- By courts upon voluntary private lawsuit
