CONSTITUTIONAL LAW

Author: SIMARRO VELEZ MANUEL.
Year: 2001.
University: CARLOS III DE MADRID [www.uc3m.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: UNIVERSIDAD CARLOS III DE MADRID.

Summary: The work focuses its purpose in the study of the process of admission of this appeal in the Spanish constitutional model. For that task becomes an exhaustive review of the conditions for access to appeal to violations of fundamental rights and civil liberties caused by the government: legislative, executive and judicial branches. The study from the policy level focuses on references contained in the Constitution, the Organic Laws (mainly LOTC), laws and regulations. In the field case study is focused on the resolutions of the Constitutional Court of Spain (judgments, orders and orders) and the European Court of Human Rights (Strasbourg Court). The work is supplemented by references to the passage of the regulatory and legal precepts constitutions related to the subject of study; allusions to historical figures for the protection of Fundamental Rights (Chief Justice of Aragon and the Court of Constitutional Guarantees of the Second Spanish Republic) and reviews of Comparative Law (mainly USA -right of certiorari- and Germany -recurso of amparo-).

Author: WILKINSON MORERA DE LA VALL HELEN.
Year: 2002.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The first part of the thesis discusses first the evolution of the concept of state since the time of its appearance in the late Middle Ages until the conception of the rule of law in Kant and the return to a state-centered itself on Hegel. Secondly, it provides a comparison of the main features of the treatment of official secrets in the Official Secrets in comparative law. Finally, it outlines the general framework of the evolution of regulatory state secret in Spain. The second part of the thesis discusses in detail the status of official secrecy in Spain existing legislation, recent attempts at reform, parliamentary scrutiny and judicial control of secrecy and changes in the treatment of secrecy in the case of Spain. Finally raised five issues discussed in detail the status of the Official Secrets: 1-Acts relating to Official Secrets Do you were political acts or acts discretionary?. 2-Â Is exercises control of legality or constitutionality of control over them?. 3, Â-What are the limits of a constitutional control?. 4-Â What is the proper court to judge on acts relating to official secrets?. 5-What you should contemplate a future Law on State Secrets in Spain. The thesis concludes with a series of final conclusions and bibliographies.

Author: ALONSO ALVAREZ ANDRES.
Year: 2003.
University: VIGO [www.uvigo.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO UNIVERSIDAD DE VIGO.

Author: ANGUITA SUSI ALBERTO.
Year: 2003.
University: JAÉN [www.ujaen.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.

Summary: In the thesis presented discusses the status of the post of Ombudsman Andaluz from a theoretical perspective and Constitutional Law of itself without losing sight of the practical operation of the same. This dual approach allows respond to the following questions: Â How effective is the performance of the institution? Â How does it work in practice? Â How translation have their proposals? Ultimately, it comes to realize what is the effective functioning of this important mechanism for external control of the Administration, who is elected by Parliament for this purpose.

Author: LIMBERGER TEMIS.
Year: 2003.
University: POMPEU FABRA [www.upf.edu].
Place of defense: DEPARTAMENTO DE DERECHO.
Place of preparation: DEPARTAMENTO DE DERECHO.

Summary: The inquiry was initiated by the impact of information technology, especially banking data, in the legal world. The collection of data and its almacienamento allow the construction of personal identity. New technology can trace individual and collective traits of individuals. This favors establishing a supply of goods and services, which is seen as a commodity of great value in the current society service, which is transferred by way of information. With the caution catchment, security and data storage, the intention is for them not being used the wrong way or for any other purpose. The Council of Europe Convention n fourth 108/81, is the first attempt at unification of the law in relation to data protection and the rights of citizens. It culminates with the DC 95/46. That is the last major innovation in terms of EU law, which in addition to the great challenges of the laws of computerized data or not, tries to allow the free movement of the same, within the European Union. New technologies bring an innovative feature to privacy. In contrast to the privacy front of the computer, there is self informative. The effectiveness, operational and compliance with the right to privacy as regards information not adviene of proposing a new category, but guarantees of protection that may contain the legal system. Art. 18.4, EC is a right to something against the state, since this is a mandate to the legislature. The content of privacy are two aspects. The negative protects individiuo and its data, external intrusions against other individuals or the public power in general and the sensitive data, in particular that are better kept to prevent situations of discrimination. As regards the positive, is the right to seek specific benefits such as: information access, rectification and the cancellation of the data. The nature of demand shows traits of a more participatory citizenship, typical of the Democratic State of Law.

Author: OVEJERO PUENTE ANA MARIA.
Year: 2003.
University: CARLOS III DE MADRID [www.uc3m.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: UNIVERSIDAD CARLOS III DE MADRID.

Summary: The aim is to determine the content and meaning constitutionally protected by the right to the presumption of innocence. This was part of its original concept, embodied in the Declaration of Rights of Man and Citizen (1789) and in the statements of American rights, in connection with the security court and the right to due process. After analyzing the interpretation that the CT performed on the criminal procedure law as a guarantee from an independent explanation of these rights in relation to an effective remedy. Finally, it compares this with the interpretation given by the European Court of Human Rights concerning the right to Fair Trial (Art. 6.2 ECHR). The investigation concluded the existence of extra aspect of the law, originally known as a protected itself and that is not being covered by the interpretation of our CT; that from compliance with the requirement of article 10.2 EC imposes a review of the interpretation the rights of art. 24 of the EC, coordinate with the interpretation of the ECHR on the "right to fair trial", and that extra dimension is also a useful instrument to deal with a possible reform of the judiciary.

Author: GALERA VICTORIA ADORACIÓN.
Year: 2003.
University: GRANADA [www.ugr.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The object of study focuses on the one hand in the analysis of the origin and the factors that lead to the evolution of the concept, the nature and purpose of the consultative function decimonónicos from its beginnings until today, and therefore its frame under the State constitutional law, and secondly, the study of the impact of the territorial organization of power in this feature state and its organs. From these two essential mechanisms, the development of research intended to make clear projection of the principles and values of democratic constitutionalism in a system based on the recognition and respect for pluralism social, political and territorial. In this context and under is coughing principles behind the model constitution rules, the constitutional consultative role model appears as activity in the service of respect and guarantee of constitutional order and, to that extent, connected with the requirement of submission of powers public whole regulatory system and security and certainty of the law. Beside that, in our constitutional system the exercise of autonomy recognized and guaranteed in the autonomous regions in Article 2 of the Constitution and developed under Title VIII and the statutory rules and statutory autonomous, a new reformulation of the exercise of this State function. And is that the constitutional model of advisory role that the Constitution is clear territorial imposed by having a plurality of advisory bodies which together with the traditional institution that has assumed this role, the State Council, acted as advisory institutions and control prior to respect legality of the whole regulatory system and the rights of citizens. However, the research work is evident as the openness and flexibility of our state model has marked substantially in institutional development and advisory bodies autonomous powers delos. On the one hand, because from the perspective of organic autonomous regions have failed to establish its own model of consultative organization and have chosen mostly to keep the system marked by the organic law for the overall organization of the state and reinforced by the constitutional jurisprudence in the STC 204/1992.- Moreover, because competition in the field applying the technique subrogatoria as a mechanism of taking on the powers of the advisory bodies autonomic determined the scope of the advisory powers. However, matters of constitutional significance attributed to the Councils autonomic shows its significance as instruments of control prior to the constitutionality, estatutoriedad and legality of the actions of public authorities based in the autonomous regions and guarantee citizens' rights and a new expression of institutional autonomy.

Author: LOPEZ HERRERA EDGARDO.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Liability plays several roles in addition to the compensation function, which traditionally is assigned on an exclusive basis. Especially important are punitive and preventive functions, in addition to the rules and admonitoria. The punitive damages are the most typical example of the role of preventive and punitive liability. The institute because it originates with the common law, is studied in detail in the thesis in order to answer two questions raised by his strong sought recognition in the Argentine law. First we take care of the objection that are not economically efficient. For this we turn to the help of economic analysis of law, concluding that punitive damages are particularly helpful in cases of indeminizacviones reduced or serious illegal. Secondly, after analyzing the case especially in the United States Supreme Court, the conclusion is that they are not violating constitutional principles as due process and substantive adjective, or certain guarantees as the principle of legality, ne bis in ditto, proportionality of punishment, and so on. Once analyzed punitive damages in its legal system origin, posited the possibility and desirability of legislative reception in the Argentine law. Particular emphasis is on the constitutionality of the institute and the existence of private pecuniary penalties with characters common to punitive damages, for anything that violates the constitution and functions very useful at present.

Author: PALOU BRETONES ANTONIO.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.

Summary: The process of liberalization of air transport in the European Union was driven by two rulings of the Court of Justice of the European Communities issued in cases "Nouvelle Frontieres" and "Saeed" and has been developing through the introduction of three successive Packages Measures, whose starting point was in 1987 in a matter relating to the liberalization of tariffs áereas. The driving force behind this process has been the implementation of free air fares, increased traffic rights, the progressive liberalization of services for assistance on the ground at airports and the introduction of computerized reservation systems, and all of this, marked by a growing concentration in the sector, with a giant step of the 12 February 2004, authorized the first merger of two national flag carriers: Air France and KLM. On the other hand, passengers and their constituent axis protective environment essential for the regulation Community rules on air transport in Europe.

Author: ARLUCEA RUIZ ESTEBAN.
Year: 2004.
University: PAÍS VASCO [www.ehu.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y DE LA COMUNICACIÓN.
Place of preparation: FACULTAD DE CIENCIAS SOCIALES Y DE LA COMUNICACIÓN.

Summary: The importance from a few decades ago has claimed the environment is a true reflection of their arrival at legal norms and the Constitution. This reflected in the title devoted to the rights and has tried to defend the double optic from which it provides such a rule: as a right and as a principle rectore, but at the same time also mediated by the constitutional recognition of sustainable development, since achievable State structures, regional and community.

Author: ANGUITA RAMIREZ PEDRO.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The protection of personal data is a concern of the entire political community that has achieved a substantial degree of political, economic and legal. It was in Europe-specifically in Germany - where at the end of the decade of the 60 'start up in the first policy responses face of rapid and dramatic development of the computer industry and telecommunications since its inception exhibióuna potential threat to the rights and freedoms. The first law on the protection of personal data in Latin America was issued in Chile by the year 1999. The following year he joined Argentina and Paraguay. In the early years of this new century a significant number of countries in the region have adopted rules tuteladoras personal data or are debating in their legislatures legal initiatives to modernize and update their respective jurisdictions. The dissertation seeks to analyze, synthesize and systemize the most important doctrinal and jurisprudential linked to the protection of personal data in Chile. The investigation is divided into five chapters. The first will address the current state of privacy in Spain and the European Union, in terms of principles, rights, the regime of exceptions, and control authorities. The following describes in a general way the existing regulatory landscape today in the Americas. No Chapter setting out the constitutional protection given to it by the Chilean legal system to the right to privacy since the earliest constitutional tests have emerged in the early nineteenth century to the current Constitution of 1980. This analyze our constitutional history, in particular, the ideas most relevant made by members of the Drafting Committee of the Constitution of 1980 on the right to privacy. Also presenting the most relevant case law generated from the constitutional action called resource-protection built into the Constitution currently in force-, which has significant importance in the interpretation of fundamental rights in our country. The analysis will also include legal protection-civil and criminal - which is currently Chile gives the right to privacy. NI Chapter is dedicated entirely to the Law NÂ ° 19,628 for the protection of personal data, which will set out in detail the long legislative process that saw the parliamentary initiative before becoming law of the Republic. An important aspect in this unit will refer to the main criticism he has received law tuteladora of personal data of our country which has made the national doctrine. Chapter IV will deal with the matter referred to the privacy of an economic, commercial, banking and finance who has represented the main concern of citizens in the field of data protection. Such matters to be inadequately regulated by Lev NÂ ° 19,628 of data protection personaldebió of being enmiendaal little time of their entradaen vigencia.El independent analysis of data from an economic, financial and trading systems and the various initiatives that are have submitted for regulation is based and justified because in that class background has been the focus of discussion in Chileen volume of personal data. The final chapter is dedicated to research evaluators systems existing in the Spanish legal system and legislation developed in the European Union linked to flow transftonterizo of personal data. Certainly standards adopted by the European Union are the most appropriate criteria and complete existing in the world to analyze the level of protection of personal data existing in third countries. In these parameters so 8 meteremo 343 s to the Chilean legal system to protect personal data. Such review will warn the flaws, inconsistencies and gaps that holds the protection of personal data in Chile and while at the findings of the investigation a number of critical comments that they should bear in mind the national legislature if it really decides to protect adequately and effectively the personal data of citizens.

Author: MARTI BORBOLLA LUIS FELIPE.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The process of globalization in which we find ourselves requires a restatement of a key concept of constitutional doctrine: soberania.Las new creations legal and interstate relations of multinationals and power groups that long ago, this year speaking of new types of government increasingly away from traditional state. States should reconsider in the light of this principle, its institutions and its relations internacionales.México is no exception within the global context. The thesis makes an analysis of the historical development of the concept of sovereignty to raise following a series of legal proposals for a new political order global.Despues applies these proposals to Mexican case analyzed the key elements that codicioana their place in the world globalizado.En concrete issues like immigration or relations with the United States that last term just setting the new concept of sovereignty.

Author: García Vázquez Sonia.
Year: 2004.
University: A CORUÑA [www.udc.es].
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: Analysis jurídico of foreigners in Spain, starting with a rigorous study of the jurisprudence of the Spanish Constitutional Court, to proceed with an analysis of some drechos of foreigners in the Spanish legal system, such as family reunification, the right to education, drecho suffrage, the right of assembly, association and so on. with a sound management of legal categories.

Author: MORAN NAVARRO SERGIO ARNOLDO.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: DERECHO.
Place of preparation: FAC. DE DERECHO..

Summary: The origins and fundarnentode the claim that advertising is a conditio sine. Nn qua the role parlamentaria'se found in the revolutionary thought century xVIII and double afimiación the sovereignty of the nation and the condidóñdelparlamento'qqmoórganb representative of this sovereign nation. The principle of manndato representativp of parliamentarians result in the requirement for public access to the activity of representatives (members of parliament) as a formula for the representation (the community) know and appreciate those who make use of sumandato. The publícidad parliamentary articulates necessarily in the specific procedures through which the parliament operates its two basic functions and the legislative control. Of course this requires an analysis of the conditions in which each of them parliamentary procedure imposes an obligation of projecting out of the chambers is happening within the traditional formula of parliament glass really responds to this -necesidad "of moving toward society what is the debate and votes in the various parliamentary procedures. Hence the relationship of the means (both internal and external to the parliament through which I know artiCula advertising parliament, taking into account the impact on the fundamental rights of freedom of information and ideological and expression, covering the media. valuation of the role of these media regarding the need for the parliament to ensure publicity for their activities vary depending on whether internal or outside the parliament itself, but ultimately while some other are essential for the voters to form their own judgment regarding their representatives and may well in due course, exercise the functions of political control and guidance to them in the democratic state.

Author: SERRA URIBE CARLOS ENRIQUE.
Year: 2004.
University: CÓRDOBA [www.uco.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: This thesis has sought to carry out a study on all those innovative policing that can be taken to guarantee public safety and state constitutional Spanish which may affect the exercise of the right to privacy of citizens. To that end, he examines the ocnfiguración's constitutional right to privacy and their legal protection, and its manifestations in the rights to privacy of communications, inviolability home, freedom and computer processing of data, as well as regulation the right to privacy of foreigners in Spain. In a second section discusses the Public Security of the State Constitutional Spanish and addresses policing measures contidianas limiting the right to privacy, such as IDs, records or "searches" and its peculiarities in terms of its applicability towards foreigners. A third block subject of the problems arising from the globalization of public safety in the fields of international organized crime, illegal immigration, terrorism and international cooperation measures to combat these phenomena, with particular reference to Europol and Interpol, the Schengen Agreement, and the legislative progress in the field of European arrest warrant and surrender or perevención of terrorism. A fourth block is set for another delas measures limiting the right to privacy as is the use of video cameras that capture the recording of images and sounds by FCSE aiming to ensure public safety. Finally, we performed a study of the conflicts arising from the forensic identification systems based on fingerprints, the ear, analysis of the voice of the odontoscopia and the DNA or genetic test and assignment of the right to privacy.

Author: ESCOBEDO GÓMEZ CÉSAR.
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: CONTENTS: 1. Historical Evolution of the right to information. 2. Some consideration on the right to freedom of expression and the right to information 3. Constitutional limits in the sphere of legal protection of minors in the right to information 4. Protection of youth and children in the audiovisual field 5. The legal regulation of the radio and television. 6. Advertising and its standards of self-control as a guarantee of protection of children and adolescents. 7. The journalistic ethics as a guarantee of the media 8. The image of a young offender in the media in spain and the world. 9. Delimitation concept of the right of the picture. The consent for the collection, reprodución or publication of one's own image. 10. Aggression and violence on television: the problem and its consequences. 11. Intervention from psychoeducational family and school: learning to watch television. 12. Conclusions. 13. Library consulted 14. Appendix documentary.

Author: CORREA BASCUÑAN MARIO.
Year: 2004.
University: NACIONAL DE EDUCACIÓN A DISTANCIA [www.uned.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FAC. DERECHO. UNIVERSIDAD COMPLUTENSE DE MADRID.

Summary: It has been said that Chile is the most stable country of the Ibero-American countries and their armed forces have abided by the prevailing constitutional order with the exception of his speech on 11 September. This is the first topic this thesis deals with nuance: Chilean political life has not been free of serious political conflict nor its armed forces have been out of political conflicts as demonstrated by its participation in the War Civiel of 1891 or the events between 1924-1932. The second part of the doctoral thesis is dedicated to nalyse the role of the Armed Forces to the wording of the Constitution of 1980. Administrative body or institution; Compliance with the political powers or independence d the same constitutional responsibilities, and so on.

Author: MARTÍN DE LLANO M. ISABEL.
Year: 2004.
University: NACIONAL DE EDUCACIÓN A DISTANCIA [www.uned.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO . UNV. COMPLUTENSE DE MADRID.

Summary: The parliamentary immunity has been taken over in the Spanish Constitution of 1978, following a practice in the sphere of constitutional Spanish and European. However, immunity is a prerogative that has been questioned by obsolete and inadequate in the Democratic State of Law. The doctoranda intends, in this context, analysis of the procedural rules, the law of Enjuciamiento Criminal and Law on Special procedures and jurisdiction in the cases against Senators and Deputies, and its alignment with the constitutional text. In particular, whether those rules may involve an infringement of the principle of equality and the right to an effective remedy. To that end, it has served mainly to the abundant literature published on the matter and the study of the judgment of our Constitutional Court. Its development shows the conclusion that the regulation on the matter should be understood partly repealed by the entry into force of the Constitution.

Author: GONZÁLEZ-ARES FERNÁNDEZ JOSE AGUSTIN.
Year: 2004.
University: VIGO [www.uvigo.es].
Place of defense: ORENSA.

Summary: A study of the post of ombudsman at the state and the autonomous region of Galicia, in particular.

Author: BOLAÑOS CACHO GUZMÁN RAÚL.
Year: 2004.
University: REY JUAN CARLOS [www.urjc.es].
Place of defense: ESCUELA SUPERIOR DE CIENCIAS EXPERIMENTALES Y TECNOLOGÍAS.
Place of preparation: FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES..

Summary: It is a comparative study between the Spanish and Mexican regimes, based on the principle of equality and its implementation by the amparo in the disciplinary regime of public servants, with special attention to the special relationships fixing, fundamental rights or relief .