ADMINISTRATIVE LAW

Author: OLMEDO ALVAREZ JULIO.
Year: 2003.
University: CASTILLA-LA MANCHA [www.uclm.es].
Place of defense: FACULTAD DE DERECHO DE ALBACETE.
Place of preparation: UNED.

Summary: The aim is to produce a study which involves the activity of the employer that does not have the ownership of the land earmarked for the implementation urbanizadora. Therefore the study back from the legal background to more remote today. Within the legislative landscape this special treatment is dedicated to the figure of the agent developer, emerged in the Law 6 / 1994 of the Valencia region, but over time their influence has spent most of the autonomic laws, becoming in addition one of the centers of discussion in our urbanism. The thesis aims to reflect on the contribution of private initiative in the management of urban domestic, as well as repairing some drawbacks, expressing overall conclusions.

Author: SANCHEZ RODRÍGUEZ FRANCISCO.
Year: 2003.
University: CASTILLA-LA MANCHA [www.uclm.es].
Place of defense: FACULTAD DE CIENCIAS JURIDICAS Y SOCIALES DE TOLEDO.
Place of preparation: TOLEDO.

Summary: The dissertation discusses the confrontation existing in the European Community between the values of free competition and cohesion social.Una situation that determines quela exemption provided by Article 86.2 TEC appears as a principle of balancing these two elements antagonists making up the European reality.

Author: MIGUEL MOLINA MARÍA DEL ROSARIO DE.
Year: 2003.
University: POLITÉCNICA DE VALENCIA [www.upv.es].
Place of defense: ORGANIZACIÓN DE EMPRESAS.
Place of preparation: DEPARTAMENTO DE ORGANIZACIÓN DE EMPRESAS (ETSII).

Summary: The Environmental Law is relatively new, because until the sixties began to be problems generating industrial activity in the environment. It was then, and mostly arrived in the eighties, when European countries start to legislate issues that affect the environment, taking consciences Authorities of the States of the effects of industrial pollution. Given the vulnerability of good legal environment, "companies need to comply with the law and that the Civil Service promotes compliance. The environmental legislation seeks to achieve environmental protection through a number of fronts: international, community, state, and local auto. Furthermore, we need an enterprise culture and public leading to a continuous monitoring of the most polluting to achieve in practice this defense. The importance of control of "qualified activities" in the industrial environment, given its highly polluting, has been demonstrated by various authors since the adoption in 1961 of the Rules state nuisance activity, unhealthy, dangerous and harmful. With the creation of autonomies, several Communities adopted their own laws on this kind of activity. The Valencia did in the year 1989. Since then, there has been no work to deal with the administrative regulation of the activities described in the Community of Valencia, nor have studied the judgments of the High Court of Justice autonomic thereon. This thesis has tried to fill this vacuum.

Author: PASCUA MATEO FABIO.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The aim of the thesis is to articulate a coherent relationship between the general recognition of the effectiveness of the fundamental rights contained in the constitution of 1978 and the requirements of discipline and neutrality from the missions reserved for the armed forces in art. 8.1 EC and its submission to civilian authority established in Art. 97. To this end, and after discarding other alternatives handled by the doctrine and jurisprudence, upheld the competence of the legislature to introduce democratic restrictions on fundamental rights even where it does not exist for an express constitutional authority. To do so, however, will have to meet a number of requirements that are fixed according to a large extent, albeit with some adjustments, jurisprudence overall European human rights court to try the legitimacy of an interference with a fundamental right. Specifically, it exije that the limitation is prvista in a range organic law, sufficiently clear and predictable, that is a legitimate aim - which explores the principles of unity, disicplina and hierarchy, as well as the neutrality políica - and it provided for that purpose, which will be assessed their adequacy, motivation provided by the law and the balance between means and end. Alongside this general scheme, it gives two circumstances that may alter their consequences, such as the distinction between inside and outside time service and the possible occurrence of a war situation or equivalent. Delineation and the basic criterion is happening to apply to specific cases such as the rights of political participation, freedom of Expression, rights of assembly and expression, the right of association in their policy options, and professional association, the right of political participation, of equal access to public service in accordance with the principles of merit and ability and to petition. In all these cases there is a thorough review of international law, comparative and historical on the subject and raises the desirability of various legislative changes in order to adapt the existing regime to the conditions set forth.

Author: GARRÓS FONT IMMA.
Year: 2004.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: ESCUELA DE POSTGRADO.

Author: PORTA PEGO BELÉN.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO , UNIVERSIDAD COMPLUTENSE DE MADRID.

Summary: The local retail market is a compulsory service in the municipalities of more than 5,000 habitantes.Esta contained so ingrained at the local level raises numerosass legal issues to which hitherto law, doctrine and jurisprudence have not given detailed atención.Su analysis must begin to repair as a measure abastos.Esta nature implies that the market through the public administration pursues ensure that the population has access to essential goods through exchanges comerciales.En Specifically, the retail market is the measure through to which the municipality provides an infrastructure where business can take place refereidas meetings comerciales.Este approach means that the content of municipal service market can equip themselves to the realization of a public work, and ultimately that service management can be tackled through forms of exploitation delas public works. In light of the foregoing, it can also acotarse legal status of the seller established infrastructure municipal.Este is not the indirect provider of a service público.El service is to provide infrastructure business, not make exchanges comerciales.El trader engaged with the Local Administration demanial a relationship, under which it acquires the status of further service user municipal.Por else, usually, the exercise of the commercial activity in the market is subject to a management that stresses the obliged to carry out the activity on an ongoing basis and initerrumpida. root of this peculiarity is possible to appreciate how the merchant market is subject to a branch system that converts their activity in a service of general interest. Finally, the activity coercial to be exercised in the market is also conditioned by the nature of madida of supply this infraestructura.El fact that its purpose is to guarantee the supply of public obliges determine that the business necasaria on the market it is just that which is meant for supply items, mainly food, and whose performance is so estable.Cualquier other activity without collecting characteristics previous job or address spaces of the market should be seen as an improper activity and therefore outside the rules and principles governing the administrative relationship between the municipality and sellers of mercado.La improper activity is a private activity that occupies a well demanial thus only the specific system of harnessing the exclusive domain applies to these subjects.

Author: MORELL SALA ALVARO.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD.
Place of preparation: FACULTAD DE DERECHO.

Summary: The draft submitted for doctoral thesis comprises three aspects: the historical background that are influencing the present of the institution, the elements, competition and the functioning of the Local Bodies Juvenile and, take place, the projected figure on the different territories and the corresponding Rights autonómicos.El analysis of the historical background shows the projected small villages along the mainland, marking the decisive influence how he had carried out the Reconquista.De agree with her, settlements small populations are located mainly in the northern half of España.Los ways of being and organize these populations rise to some figures on the organization and functioning which have come to light in many cases after the Constitution 1978.Entre elements of the Local Entity Minor, the nature of Entity is disputed, making left the state legislature that is becoming the Home Rule Law to qualify well and to Entidad.El analysis dela formation of these entities is transido element representativeness, combining tradition and law electoral vigente.Las powers from the outset had an origin of the Institución.No however contemporary, jurisprudence has opened possibilities for other cases in which the entity will sit in with downtown problems of another índole.Finalmente, a tour of the Home Rule Law shows the survival of the Institution Local Minor, with different names and be part of the Rights territoriales.En some cases, is presented as an alternative to the small municipality.

Author: GORORDO BILBAO JOSÉ M..
Year: 2004.
University: PAÍS VASCO [www.ehu.es].
Place of defense: FACULTAD DE DERECHO DE DONOSTIA-SAN SEBASTIAN.
Place of preparation: FACULTAD DE DERECHO DONOSTIA-SAN SEBASTIÁN.

Summary: It discusses the historical aspects of the current legal regime, its framework in the current Administrative Law (including the division of powers in its regulation), as well as the regime of human resources. Also an important part refers to the regime to continue in the recruitment performed.

Author: GALVEZ CANO M. REMEDIOS.
Year: 2004.
University: MÁLAGA [www.uma.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO DE LA UMA.

Summary: The first section discusses the concepts and basic elements of the legal regime of hunting: action to hunt and hunter, as well as the general requirements for the exercise of hunting: age requirement and hunting licenses and arms, with study details of these two institutions. In Chapter II deals with the legal regime of hunting grounds: changing regulations, and legal classification system of land cinegéticos, in particular, the special regime and Boxes, as well as the correlation between protected areas and hunting ( referring to the "Natura"). In Chapter III discusses international standards and the European Union for the Protection of Species and its transposition into domestic Spanish. In Chapter IV examines the status of the quarry species (definition, classification and legal nature of the game). Chapters V and VI respectively dedicated to the analysis of the measures of protection and promotion of hunting and wildlife management hunting since the consideration of the game as a renewable natural resource. Chapters VII and VIII engaged liability in the field of hunting: civil derived from the production of damage and criminal and administrative.

Author: FERNÁNDEZ-FÍGARES MORALES M. JOSÉ.
Year: 2004.
University: MÁLAGA [www.uma.es].
Place of defense: FACULTAD DE CIENCIAS DE LA COMUNICACIÓN.
Place of preparation: FACULTAD DE DERECHO DE LA UNIVERSIDAD DE GRANADA.

Summary: This study university principal with the delimitation and contextualization of the issue of genetic engineering: highlights the legal and social significance of these techniques as well as a viewing of scientific culture and the universe audiovisual delimits the scientific concept of genetic engineering and its main applications, defines the elements that come together bioethical and legal issues more controversial, with particular attention to both humans and applications including major legislative developments relating to the use for research purposes in embryos crioconservados surplus artificial fertilization and the current system regarding the creation of human embryos for therapeutic purposes. Here are fixed and development budgets theoretical which are the settings of Spain as a Social and Democratic State of Law, for the right to receive truthful information and theories explaining the relationship of society and the law and society and politics and budgets of-origin practical focus on certain derivatives of the data contained in a report by the Center for Sociological Research related to the subject. It then presents the research itself, which, with an empirical method and implementation of a questionnaire to a broad cross-section addresses the delimitation of the fundamental aspects of the image that people have of the phenomenon of manipulation or engineering genetics in Spain, under the impact of the media, with a particular approach by the fact that the image of every citizen may prove specific social demands. It provides a general assessment of the results referred to the entire sample, a valuation report of the most significant, with implementation of the tactic correcional of variables and, finally, a report by contrast with the budgets jurídicos-teóricos and practical. Concludes this work to highlight the distortions of reality detected respect to the budget and made a number of suggestions on how to adjust or intervention.

Author: ÁVILA RODRÍGUEZ CARMEN M..
Year: 2004.
University: MÁLAGA [www.uma.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: This Doctoral thesis aims to clarify the legal sense of priority and institutional figure of the Ombudsman, both within the state and the autonomous region of Andalusia, and analyze their functionality in certain areas of public policies affecting planning. To see this contrast, as discussed in key alternative, ie as autonomous and independent mechanism for resolving conflicts and guardianship rights and interests, are taken as references three areas of land planning, without prejudice to it differentiated between them have strong interactions policy, logical and oprativas: le domain, public marítimo-terrestre the historical and artistic heritage and noise pollution. The result of the in-depth research to understand the potential for dialogue institutional, social and political surprisingly desconicido that the Ombudsman has as Delegate of the legislature and, therefore, the representatives of the will popular.Tanto so, which if that better compression is translation, as the author suggests, in the proper configuration rules of the Ombudsman and closer links between its relations with the Public Powers, especially the judiciary and the executive, would exceed a certain consideration are peripheral or tangecial that would normally be assigned, if not the last and inefficient recurso.El Ombudsman has, in short, texture and operational powers itself and irreplaceable, which allows our Social and Democratic State of Law acquires greater fullness material.

Author: ROMERO REY CARLOS.
Year: 2004.
University: EXTREMADURA [www.unex.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: This thesis aims to study the status of the implementation of urban approach, and the possible ways of carrying them out. It first analyzes the historical education of the same in our legal system and the process of change experienced as a result dela exclusive competence in the field of urbanism that have assumed the autonomous regions, including the autonomous region of Extremadura, which has developed its competence by law 15/2001, December 14. The novelty key made in this area is the opening competition of the activity performance planning, thanks to the participation of the public nature of this, and the abolition of exclusive participation of landowners in the transformation of city, heir to the situation preceding narrative. The research has taken into account, in addition, the prospect of Community law, which has had a significant impact as a result of the implementation of the urban design techniques specific to the contract.

Author: FERNÁNDEZ-MIRANDA FERNÁNDEZ-MIRANDA JORGE.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The work deals with doctoral study of the reality of Madrid with the aim of analyzing the facts differentials that characterize (big city, metropolitan area and the state capital) and, most importantly, the treatment policy, in response to the , must be articulated. In this regard, it performs a historical study in which delimits when, how and why the various facts emerge differentials, in a row which explores policy responses that are articulated along the Second Republic and the period Francoist. After that, the book focuses on the analysis of the three events in the light of the new legal framework derived from the Spanish Constitution of 1978, trying to resolve what should be the policy response, and must respond to this - to-two important issues : * First, what is the meaning of the facts differentials involved. * Secondly, what can be - or content that are derived from them. For an answer we must bear in mind the new legal framework derived from our fundamental rule (Consecration of a State Composite, the principle of local autonomy, the capital of the State, etc.) in the wake of which, we must also ask about the role of the state administration, regional and municipal levels. Ultimately, in the course of this work is intended to address: what is the reality of what Madrid response has raised its adequacy, the remaining tasks.

Author: ECEIZABARRENA SAENZ JAVIER LUIS.
Year: 2004.
University: PAÍS VASCO [www.ehu.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Analysis of the existing legal framework in reference to public participation in the procedure for environmental impact assessment of major infrastructures with affection on the environment and natural resources. Despite the fact that there is a prolific legal regime on them at the international level, European and domestic, the government continued to adopt a defensive attitude versus participatory practices in public decision-making about the environment and major infrastructure. Nevertheless, the various policy areas analyzed show substantial progress in that area with special emphasis on environmental legislation, and particularly within the Administrative Law.

Author: PRIETO ETXANO EUNATE.
Year: 2004.
University: PAÍS VASCO [www.ehu.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Musika-irakaskuntzen erregimen juridikoa izenburu duen doktorego-tesi honetan, gaiok izango ditugu aztergai: Musika-irakaskuntzek izan duten bilakaera. Musika-irakaskuntza orokorrak nola uztartzen diren hezkuntza-sistema orokorrean. Zer nolako neurriak hartu dituzten hezkuntza-Administrazioak, araubide orokorreko irakaskuntzak, araubide bereziko musika-irakaskuntzekin aldi berean ikasi ahal izateko. Hezkuntza-sistematik at antolatzen diren musika-irakaskuntza ez arautuak. Araubide bereziko musika-irakaskuntzen hiru graduak, arreta berezia ipiniz goi-mailako ikasketei. Bada, Araubide bereziko musika-irakaskuntzei dagokienez, ondoko gaietan sakonduko dugu: euren antolakuntza akademikoan, eskura daitezkeen tituluetan, musika-ikastetxe ofizialen erregimen juridikoan, baita musika-irakasleen erregimen juridikoan ere. Azkenik, goi-mailako musika-irakaskuntzek Boloniako prozesuan zehar duten tokiari buruz ikertzeko stop izanen dugu.

Author: Lopes de Carvalho Viana Pimentel Torres Claudia Rita.
Year: 2004.
University: A CORUÑA [www.udc.es].
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: The thesis Dña. Claudia Viana conducts a comprehensive analysis of EU rules on public procurement from the perspective of its inspiring principles, namely equality, freedom of movement and effective judicial protection.

Author: SANTOS OÑATE JESÚS.
Year: 2004.
University: NACIONAL DE EDUCACIÓN A DISTANCIA [www.uned.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO .UNED.

Summary: This paper intends to conduct an analysis of the Urban Action Programs, as antecedent of Action Programs Urbanizadora, covered in the Act 2 / 1998 of June 4, Spatial and Urban Activity of Castilla La Mancha. This analysis is not so much its regulation in the amended text of the Land Act of 1976, in force after the annulment on the grounds of unconstitutionality of much of the Consolidated Text of the Land Act of 1992, carried out by the Court's Judgment Constitutional 61/1997 of 20 March, as the reasons that responded to the emergence of such programming and intended to solve the problems and that there might be resolved. Subsequently, it performs a simple analysis of the regulation of activity of urban management in the 17 autonomous communities that make up our territorial organization. This analysis focuses on whether we can find some of the laws autonomous Urban Action Programs or not, as they are covered by the amended text of the Land Act of 1976, or whether there were any similar instrument urbanistic , or equivalent, which was created by the legislation itself autonomous, as a prerequisite to the proceedings by urbanizable land, and whose approval is a sine quae non for the incorporation of this kind of soil to process developer. Later, it proceeded to conduct a thorough analysis of the Program of Action Urbanizadora governed by the Act 2 / 1998 of June 4, Spatial and Urban Activity of Castilla-La Mancha. It discusses mainly Programs of Action Urbanizadora managed indirectly regulated by law castellano-manchega, which appears to rest solely in electronic management of administrative performance planning, by granting an individual whether or not the owner land, as the regulation of how management is practically a direct witness. We analyze accurately complete the regulation of Action Programs Urbanizadora, their strengths and weaknesses, while propose possible solutions to those who are detected as miscalculations with important implications for the execution of them, that even arrive the exclusions from the special legislation urban. It ends a series of drawing conclusions, as a summary of the results shows that the analysis of the subjects of this thesis, which could provide a starting point for the review of the figures in the Action Programs Urbanizadora agent and developer that, no doubt, are the future of urbanism Spanish, for their adaptation to the law of the European community and the national law on administrative procedure and policy on recruitment of government, as well as to achieve their goals without sacrificing other rights in conflict .

Author: MARTIN DE ARRATE SEBASTIAN.
Year: 2004.
University: LA LAGUNA [www.ull.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DERECHO.

Summary: First, the thesis makes Reference to the general issues affecting the tourist town and the status of it. It provides a definition of tourism and explains how the powers currently divided on tourism between the various public administrations. It points out what is meant by township tour, explaining the difucultad distress caused by this definition at the disparity of concepts used by the autonomous legislation. Secondly, systematizes regulations scattered on the field in order to achieve a harmonious solution on the status of township tourism. Thirdly, it focuses on the study of this figure in the Autonomous Community of the Canary Islands, with special emphasis on the study of the so-called moratorium tursística. Also, develops an analysis arrested at his side urban comprising: 1) classification and characterization of soil, 2) planning, analysis of the various management tools, local and suprelocales; 3) standards urban tourist 4) management and implementation with special attention to urban conventions; 5) infrastructure and general systems affected by tourism. Lastly, it addresses the issue of public services in the municipalities tourism and municipal intervention on tourist establishments, to put it in connection with its financing, and in particular emphasizing some of the specialties of the Economic and Fiscal Regime of the Canary Islands.

Author: ARNAEZ ARCE VEGA MARIA.
Year: 2004.
University: DEUSTO [www.deusto.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The choice of administrative planning as a legal institution on which to base this doctoral research is primarily due to its consolidation as a legal reality in each and every sector of law, a fact which demonstrates their importance, even more, its importance as a feature of the institution itself and administrative law that pervades today, either directly or indirectly, the total activity of the authorities regarding last guarantors for the protection, preservation and realization of general interest. In this regard, we note that the treatment that both the literature and current administrative law have given to the planning has been limited mainly to what could be described conmo an approximation sectoral and partial leaves to one side a comprehensive, systematic and integral to the concept, the legal nature and characteristics of the planning as a legal institution in the basic administrative law today. For these reasons, the dogmatic approach to what might be called a general theory of planning we are so attractive as necessary. In this regard, we have identified the approach of a similar analysis of the meaning and scope of the planning from the analysis of three key issues. First, as could not be otherwise, we examined the way in which there has been the incorporation of planning the Legal System as a technique or a tool for action and organization of the government. Secondly, ciñendo our object of study to the meaning and scope of legal planning, we have analyzed the various events that, over the history of the last two centuries, have contributed to the juridification of planning as a power management that served the government for the exercise of its functions guarantee the general interest and safeguard public order and the common good of the governed. Finally, we have completed the planning study and its definition as an administrative power through a systematic analysis of the current administrative law that has enabled us to, in addition to confirm their legal status as such administrative power, enunciate their basic character and assess the origin Formal and the position of its different manifestations instrumental in the system of administrative law Spanish sources. In this sense, although it can not be said the existence of legal single coating, through laws, regulations or administrative acts of planning and its manifestations, whether it is possible to identify the origin formal regulations as more appropriate for incorporation into the system sources of our law. This is both because of its origin as a strictly administrative or susceptibility for their flexibility to adapt to changing circumstances of the legal and reality.

Author: GOMEZ MANRESA MARIA FUENSANTA.
Year: 2004.
University: MURCIA [www.um.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO. UNIVERSIDAD DE ALMERIA.

Summary: The dissertation "particularly in urban management" makes a horizontal study of the various aspects of the implementation of planning, through the analysis of the position of private subjects, both in their performance individually and jointly by integrating them into one entity urban collaborator. Accordingly, it is carrying out a comprehensive study of the different forms of management, or non-traditional, including conventions, as well as access to the Property Registry of acts of urban nature. To do so, using multiple sources, government regulation, autonomic and European Union; decisions of the courts at all levels; resolutions of the DGRN and abundant academic doctrine. Thus, it confirms the current trend to strengthen intervention in urbanism, as well as to warn against the risks of privatization of planning and execution, demonstrating the desirability of the Administration does not abdication of the supervisory role it has assigned 'ex lege. "