NATIONAL LAW (3)

Author: LARA SANCHEZ JOEL.
Year: 2005.
University: SALAMANCA [www.usal.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: With the increasing involvement of people jurídico-colectivas in criminal activities, it becomes necessary response criminal. In this case, it is given by the Spanish legislature through Article 129 of the Penal Code, which envisages a series of consequences or sanctions for persons or entities jurídico-colectivas. However, given the scarcity of legal regulation in this area has been necessary to question whether that response satisfactory. This issue has led to inquire about the legal nature of the penalties provided for in article 129, and also on what is the scope and content, in light of its need and purpose of each and every one of them, and finally, on what would or budgets and guarantees for its implementation. Ultimately, these are questions about what, why and how of those sanctions. In fact, on these issues is that it focuses much of the content of the work (Chapters II, III and IV, respectively). For this, it was necessary to establish the basis on which most could answer these questions satisfactorily (Chapter I). This has revealed major shortcomings and deficiencies in the legal regulation in the case study (Chapter V). Given this state of affairs, the main conclusion is that the answer given by the legislature is not satisfactory. For this, there is a proposal lege ferenda purporting to overcome many of these shortcomings and deficiencies.

Author: PALOMO VÉLEZ DIEGO IVÁN.
Year: 2005.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO DE LA UNIVERSIDAD COMPLUTENSE.

Summary: Objective of the research is the analysis of the new rules of civil procedure Spanish contained in the Act 1 / 2000 of 7 January, civil procedure, specifically from the perspective of notabilísmo change generated from the introduction of the rule of orality in a system of civil procedure that to date mentioned was characterized as being deeply and fundamentally built by the rule of writing, which created major problems for the proper functioning of the Spanish civil justice, especially the unjustifiable delays in the judicial response, widespread delegation of functions by the judge, "Absent and invisible" in the development process with serious damage to the activity probative, and the secrecy in the proceedings. This raises the analysis of this procedural change from the necessary and appropriate distinction between the real principles of due process and the rules of procedure, thereby avoiding falling into the still widespread error in this important part of the teaching process that continues pretending see in the rule formal oral more than it is and should be expected from it asociandola or vinculandola with character necessary with phenomena that are difficult encajables with regard to the due impartiality of the court and the equality of the parties as it is called socialization process Civilian . It concludes that the task of the Spanish legislature in the design and implemented this change in the historical dominance of writing has been done in a reasonable, prudent and serious, fleeing indeed simplismos and dela approaches extremes, favoring a model that giving effect to constitutional right to an effective remedy is really applicable and not a mere sham as those which had become nearly all attempts to introduce orality in the Spanish civil proceedings. It is concluded that the new structure formal processes charitable regular subject of the study, retrieves and power figure of the judge (respecting the principles governing the civil proceedings), emphasizes the importance of the activity of the test, gives a higher profile the prosecution in the first instance and puts Spain at the level of procedural laws of their environment.

Author: Cocciolo Endrius Eliseo.
Year: 2006.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: Facultad de Derecho.
Place of preparation: Departamento de Derecho Público y Ciencias Historico-jurídicas.

Summary: The fight against corruption should be a public policy priority because of the problems and threats posed to the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law. Corruption can not be regarded or treated as any other illegal activity, and any strategy to reduce it must also fall within the complexity of modern post-industrial societies. Here research is to go beyond the traditional analytical perspective offered by the criminal law, while attempts to approach the new dimension of administrative law: the right regulative. To get to raise the issue of corruption as a problem of regulation are presented before a series of data in terms of cost of corruption to institutions, markets, businesses and social and human development. The evidence shows that there is a clear relationship between quality of regulation and corruption. In this theory is associated study of more sophisticated anti-corruption system, namely the set of rules, institutions and regulations of the American system. In this model, public corruption is dealt from a macro-enfoque that from the most crude of corruption, through techniques applied to self-enterprise and the complexity of the regulations on conflict of interest, comes to contemplate the most current links between corrupt phenomenon and terrorism and cibercriminalidad. These circumstances do nothing but increase the demand for safety that characterizes the current risk society. The anti-corruption policy is why a policy of risk management and all precautions, incentives and disincentives, and regulation aimed at reducing its operational dimension lies in the challenges of regulatory law.

Author: GUILLEM CARRAU JAVIER.
Year: 2006.
University: VALENCIA [www.uv.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The investigation has its rationale in that geographical names are a matter of concern in the area of commercial law and that he had been given attention by the European scientific doctrine also from other branches of law. In the introduction, there are those basic geographical names that have been considered relevant to the study of art, as is the very concept of geographic element or industrial property, intellectual and trading with the aim of identifying the concept of appellations geographic. Thus, it identifies the wine industry as a reference to learn about the origin, evolution and the status quo of the protection of geographical names in the international arena, community and national levels. It should be emphasized the study of TRIPs, and the analysis of developments in international negotiations for development since it constitutes the key element of recognition and protection of geographical names in international markets in those cases where there is no bilateral agreement or regional application and, in terms of its content, is seen as the axis around which revolves changing the various legal traditions on the matter. Subsequently, it addresses the regulation of geographical names in the EU with a special interest in the different conception that originally the Ordenamientos legal aspects of the EU Member States on the issue and have overcome them by Community law, in the context the free movement of goods through the recognition and protection afforded by Regulation EC n fourth 510/2006 and the lex specialis wine. In Spanish law, the plight of these developments are described under the mirrored the competence issue and its implications are examined in the light of the interrelationship with Community law of a state regulation, largely considered a core, the Act 24 / 2003, of Vine and Wine, and a lengthy set of regulations autonomous. Finally, the thesis deals with such issues brought the legal nature of geographical names and incorporates an analysis of functions, content and validity of geographical names in the light of the regime's own distinctive signs. Finally, the investigation found that the geographical indications are a factor in accelerating economic development and where they are recognized and protected. The importance of the institution can be seen that, in terms of economic and political, geographical designations are considered by the doctrine and the administration as true instruments of rural development which involve recovery and recognition of the production and heritage of rural areas. Instead, from the legal point of view, not all jurisdictions, as we have seen, have an identical view of this issue. It will also highlight the relevance of the institution under review as part of a dynamic sector and conducive to their development. Here, in the international arena, geographical indications could be development tools and fabric companies and excluded communities or evolving latent. Under the system of recognition and protection of appellations of origin not only protects and is recognized as legal property a 'good' that generates income but also differentiated the whole estate, in terms ethnographic, surrounding agri-food production

Author: Ferrandis Ciprian Daniel.
Year: 2006.
University: VALENCIA [www.uv.es].
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: The dissertation deals with some basic questions on the type of driving under the influence of certain toxic offering an interpretation of the same materials in accordance with the principles which should inspire the role ultima ratio criminal law as an instrument of coercion more afflictive state enabling such a neat distinction between administrative offense and criminally relevant conduct. To this end, the work begins with a chapter that sets out the historical background of regulating the phenomenon of trafficking as evidence that the concern for the legal protection of the safety of individuals in transit is not a phenomenon occurring in as administrative motivated by the boom in reality road motor vehicles. In the second and third chapters addresses some issues that are common to all traffic offenses, which concern the legal right and the danger. The analysis of protecting the legal rights is of interest not only because all crime is the foundation of which must emerge from his study, but also because this seat in the primacy of administrative clearly about what criminal coupled with the diversity of types of crimes that cobijan- or have cobijado- under the rubric of trafficking offenses raises the question of the nature of the same individual or collective. As regards the danger, it happens to be regarded as a typical all-trafficking offenses analyze the possibilities offered by modern scientific discoveries to sustain an understanding of any crime of danger as something closer to real danger that abstract. The reconsideration of both aspects is projected on the interpretation of the remaining elements of the typical behavior. Already this dedicated the last two chapters of this work which examines the concepts of toxic drugs and alcohol, how they should affect the conduct in order to assess the existence of the type as well as the meaning of the concepts driving, motor vehicle and place of conducting behavior typical.

Author: Dans Alvarez de Sotomayor Lucia.
Year: 2006.
University: A CORUÑA [www.udc.es].
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: This dissertation is entitled "The agotamienteo of litigation and workfare-as their name indicative aim to address the present and the broad scope of the reality of exhausting all avenues (and all formalities) it diversifies the work process. This has been given a cross to own Labor Procedure Act, to identify each and every one of the assumptions of depletion that it will contain, on the basis provided that such a rule is not explicit in any time the word "exhaustion". However, it is a reality that appears implicit throughout the length and breadth of the entire Labor Procedure Act, given the existence of numerous precepts contained in the same "indicators" that proved impossible to compel the labor courts to reconsider what has already been decided by themselves, or by various other courts. These are the precepts that contain related indicators irrecurribilidad, with the strength or enforceability of labor relations, and also those related to the possibility that the parties have on the subject of the lawsuit.