PUBLIC LAW

Author: RUIZ RESCALVO PILAR.
Year: 2001.
University: REY JUAN CARLOS [www.urjc.es].
Place of preparation: REY JUAN CARLOS.

Author: ESCALADA LÓPEZ M. LUISA.
Year: 2003.
University: BURGOS [www.ubu.es].
Place of defense: DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The memory doctoral bears the title "The Judge Prederminado by law, a fundamental right enshrined in art.24.2 EC. For its viegente analysis has been procediddo the division of labor into chapters, addressing the traditional method that uses criteria historical, legal and doctrinal. Thus in the first chapter focuses on the origin of that law in foreign jurisdictions, as well as receiving the same right to our homeland. The second chapter undertakes an analysis of the judge legally or naturally from a fresh and very comparative law. They are under consideration in this regard, systems constirucionales Italian and German, notwithstanding occasional forays into various other systems. In its profuse treatment is inferred the intrinsic importance of the right Amen to obtain important information that sheds light on the axiology ínsita judge in the regular predetermined by law. In the third chapter, deals with the material content of the law before us, based on the conventional destinción in the same two vertintes a negative concerning the prohibieción of extraordinary courts or emergency, referred to as institutional guarantee in art .117,6 EC, and the other positive, allusive to the right to judge regular predetermined by law, enshrined as a fundamental right in art.24, 2 EC. The protective coupled with the prohibition of special courts or emergency, conceived as institutional guarantee, and the right of ordinary judge predetermined by law, shaped as a fundamental right, translates into a reporter principle of the rule of law, which protects, derecta and immediately independence orgánico-subjetiva, subjective and abstract impartiality and indirect or mediantamente conforms as positive or active protection of the rights to freedom and equality before the constitutionality, for the prior equality before the law that determines the judicialidad and therefore before the judicialidad. In this regard arbita a sort of capicúa symbiosis between legality and judicialidad so that the law Recognizing the pluaralidad of inlelecciones constitutionally possible and its derivatives are ontological generality and abstraction, predermina randomly to a judge to avoid certaramente postdeterminado by the party , so as to enshrine the exclusionary bias of the trial. In the fourth chapter is añaliza the cintenido formal provisions for the sake of the aforementioned material content, and the law requires or reconductivo equivalent in everything related wing predetermination of the judge, respecting the legal reserve in the area. Along with the law, we need the advance of the same, avoiding unconstitutional intrusions of the Legislature, to determine a body on an ex post, and therefore on an ad hoc basis. It is an exploration of the dies or the data from which the judge has to be determined and may not become further postdeterminado. Finally, the fifth chapter, addresses specific projections of the principle in the areas in which reveals possible aplicaón.Se studied in this way as administrative sanctions, military jurisdiction, arbitration, and so on.

Author: CANDELA SORIANO M. MERCEDES.
Year: 2004.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of preparation: ESCUELA DE POSTGRADO.

Summary: The European Union has developed in recent years a significant work in the field of promoting and defending human rights, democracy and the rule of the right outside their borders. This work is isnerta in an international context that appears discussed in the first chapter of this research and responds to the European integration process itself siéndo their triungos and failures themselves in the construction of Europe. This thesis examines the evolution, actors, standards, as well as the tools provided in the same practice which allows the aujtor note the lack of a true integrated foreign policy in this area. The author proposes in his study possible solutions taking into account the contribution of the constitutional treaty.

Author: MAGDALENO ALEGRIA ANTONIO.
Year: 2004.
University: PÚBLICA DE NAVARRA [www.unavarra.es].
Place of defense: FACULTAD DE CIENCIAS HUMANAS Y SOCIALES.
Place of preparation: FACULTAD DE CIENCIAS HUMANAS Y SOCIALES..

Summary: The dissertation contains a study on the limits of freedom of expression and information, taking into account the roles they play in the state of social and democratic derecho.La thesis is divided into an introduction and two parts. The introduction añaliza the evolution of the freedoms of expression and information to the various stages through which the state has passed. The first part, consisting of four chapters, is the analysis of the legal nature of freedoms of expression and information and delimitación.Ésta latest work includes three components. First the objective element that conresponde with all powers of derecho.En Secondly, the subjective element that identifies with their subjects titulares.Y third formal element is the specific guarantees of fundamental right. In the second segment, which also consists of four chapters, is the consideration of specific constraints on the freedom of expression to información.El the first chapter of the second part, considers teória overall limitation of fundamental rights . two parameters were also analyzed to quw has the jurisprudence of CT and hona to resolve conflicts between freedom of expression and information and other constitutional rights or property, which are on one side of the ECHR, and by extension the jurisprudence of TGDA.De another theory freedoms proferentes by the court supremodelos United States. The three remaining chapters focus on análisi of specific limitations delas freedoms of expression and information and is proceeding according to a threefold classification: the limits arising from the protection of the rights of others, restrictions provemiantes of moticción property constitutional and limits because of the subject. It is worth noting that the thesis examines the new statutory limitations resulting from the production of the democratic system and social peace that develops in Article 578 of the Criminal Code and the Organic lay Political Parties.

Author: LETURIA NAVAROA ANA.
Year: 2004.
University: PAÍS VASCO [www.ehu.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The central theme of this thesis has been the participation within the education system. This analysis has been conducted, ultimately from the perspective of freedom of conscience; coming to the conclusion that there is an intimate relationship between participation and effective educational attainment of freedom of conscience. The right to educational participation can be described as a fundamental right and autonomous unit within the education system, ss 27.5 and 27.7 EC. On one side is the projection of the principle of participation, recognized in Article 9.2 EC, on the other hand involvement is grounded own teaching. It was for the government to promote conditions, and removing obstacles to the right to be real and effective participation. This requires not have a restrictive regulation; warns the tendency to regulate "low" the content of the right to participation, it would be appropriate to recognize autonomy to the schools, so they could develop formulas participation "fuller"; legislation should not prevent it. The administration should also be aware of the shortcomings and areas that might hinder its effective exercise, although there are difficulties passing of which exceeds the legal analysis. The courts also should bear in mind that conflicts related to these issues, participatory rights are fundamental rights; as such are equipped with all the guarantees that the legal system offers to them. The right to participate in education, anto through the general programming of education, the creation of centers, control and management of the centers, it offers the possibility that the subjects involved in the education field could extresar, getting their positions also the kind of ideological, religious or philosophical beliefs that constitute true, the bodies of decision-making or may incidirse in them. Protect and ensure these routes participation is legal budget for the exercise of fundamental rights. Achieving effective channeling of subjects involved in education, given the chance to create an open, plural proper context for the exercise of rights education at the same time guarantee the model democratic state in the framework of a welfare state.

Author: LOPEZ BELLO ALMA ROCIO.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.

Summary: This research paper discusses in detail the lack of protection and breach of the rules by the administrative authorities concerning the protection of children especially in the area of labor, area where children can be felt more strongly discrimination child and dependent on the intervention of the administration. The thesis focused on the analysis of the jurídico-públicos and social workers of children in Mexico, it addresses the following issues: 1) Historical Background of child labor in general and Mexico in particular. 2) exposure of national agencies (Mexican authorities) and international responsible for child protection, 3) conceptualization of child labor and children's rights as part of human rights, 4) review of the current problems of child labor in Mexico and impact on the fundamental rights of children to health, personality development, education and dignity of the person; 5) exposure to legislation on the rights of children and adolescents Mexico, 6) Conclusions on as a solution to address a situation that violates almost all of the fundamental rights of minors in Mexico.

Author: GARCÍA MOSQUERA MARTA ELVIRA.
Year: 2004.
University: VIGO [www.uvigo.es].
Place of defense: FACULTAD DE DERECHO DE LA UNIVERSIDAD DE VIGO.

Author: MONREAL BRINGSVAERD ERIK JOSE.
Year: 2004.
University: ISLAS BALEARES [www.uib.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The thesis focuses on two key institutions of the Labor Law. The first concerns the level of the sources of law, in particular the articulation between normative law and collective bargaining, while the second connects the status of the working day. The study allows to deepen an issue so momentous as the evolutionary dynamics of this branch of law, and is intended to demonstrate how the workday has gone from being a mere instrument for measuring the duration of work to be seen as a an essential element of business excellence, providing not so much a condition of employment as a real status of work organization. The systematic structure of the thesis is consistent with the pattern methodology used for this purpose, and there are three chapters followed by a concluding synthesis. The first chapter reviews the arsenal of means available to the legislature to make the management of the number of hours at the employer's disposal that key instrument of corporate competitiveness, contributing to the dramatic shift in the optical normación this point that the first is imposed as a result of the Industrial Revolution, then because of the oil crisis of 1973 and then as a result of the realization of social progress in phenomena such as computerization and robotization, and globalization and globalization of the economy; Chapter closes with a refresher instrumental sense and meaning of the major law relations / collective agreement used by the legislature in Title I of the Law of the Workers' Statute. The second chapter is devoted to examining the legal constraints that faces our legislature to choose the most appropriate regulatory mechanisms to provide the legal regime of the day of the necessary dose of flexibility, which leads to dig into the provisions Community law and our Constitution on working time. It pays special attention to property worthy of legal protection involved in this matter -competitividad business on the one hand, and health and time to the intimate life of the employee, other - by. The final chapter is devoted to an examination of all relationships particularized law / convention that served our legislature to design the legal regime of the day, and it takes place from the perspective of help reveal whether the main legal assets subject protective or are not properly protected, proposing, in his case, the corresponding correction.

Author: MARIN HERNANDEZ HUGO ALBERTO.
Year: 2004.
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: This dissertation is an attempt to analyze and systematization of the major doctrinal lines identifiable in the case of labor disputes administrative and constitutional courts, with special emphasis on Colombian production more recently, in terms addresses the key aspects relating to figure the administrative discretion, such as its concept, justification, characterization, distinction notions of "related" (case of the so-called "indeterminate legal concepts"), technical audit of its financial year and, finally, scope and limits of judicial review thereof Finally. Thus, from a theoretical and conceptual framework for understanding those extremes, which feeds basically law Spanish primera parte, carried out a focus and a critical analysis of the Colombian jurisprudence on the topic -segunda part , whose aspiration to make the systematic Colombian Administrative Law, the livelihood dogmatic and critical assessment with regard to the study of the discretionary power of the administration currently is a lack.

Author: CORREA HENAO MAGDALENA INES.
Year: 2004.
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 free enterprise in the constitutions of Spain and Colombia, is a fundamental right <<menor>> while recognizing rather than by the powers or attributes that gives its owner, the constraints which are subject . This conclusion is apparent in part by the way it builds the precept that recognizes the right in the constitutional order (Articles 38 EC and 333 CPC), and from which is derived a structure, and function-specific thematic content compared to the imperatives of interest general. However, this conception of law is also the product of the legal tradition forged under the aegis of <<Estado interventor>>, and that keeps alive the constitutional jurisprudence, despite changes in public policy, legislation and the value attached to the market as a priority area for the generation of collective well-being. Thus, a reading of constitutional free enterprise to strengthen its significance as an instrument for the realization of the welfare state, without belittling the demands respect for the rights and individual and collective interests of others, reduce their status as libertad-privilegio and optimize conditions for the freedom and equality of the subjects of fundamental rights

Author: RODRIGUEZ RODRIGUEZ EMMA.
Year: 2005.
University: VIGO [www.uvigo.es].
Place of defense: FACULTAD DE DERECHO DE ORENSE.
Place of preparation: FACULTAD DE EJECIAS JURIDICAS Y DEL TRABAJO.

Summary: This work has been divided into six chapters in which it has tried, with success, to establish as collective agreements eletintan the disciplinary authority by the employer. The first chapter provides an approximation to the disciplinary authority figures and regoección collective. In the following two studies the historical evaluation of the two figures. The third chapter is devoted to the study of infraciones disciplinary its concept, its characters and its regulation by negotiation eslectiva. The same is studied in the framework explicit, in this case in connection with the disciplinary sanctions. Finally, the sixth chapter deals with the disciplinary procedure and its regulation in law and the collective consequences.

Author: RIBEIRO ROLIM RENATA.
Year: 2005.
University: PABLO DE OLAVIDE [www.upo.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The study now being introduced was designed to investigate the conditions and possibilities of the exercise of the right to communication radios and tvs free and community in Brazil, so to be able to verify their possible contributions to the democratization of space and the Brazilian media, a more general way, for democracy in this country. Taking the view that such an exercise is only possible to real socio-political subjects, while struggling to put into practice the right to communication also are built jointly with him, it was important to begin to identify the major obstacles that stand against training, speech and action of these subjects in the media space in Brazil. The way in which the culture and information are produced and distributed is one of the most significant restrictions, but if it can be said that it is present in every country in which capitalism has found its advanced form, one of the specific obstacles that found in Brazilian society is in authoritarianism that crosses all its relations and impedes the creation of a public space in which the rights are established and guaranteed beyond the different interests and needs of individuals, groups and classes that represent. Another major difficulty is in the constitution of the Brazilian media space, in which the logical state and commercial prevail over that of the social movements done with the notion that public service was confused with the breadth of the audience reached. The radios and tvs free and community are in the trench, then at the same time seeking to produce and distribute, on the basis of new social relationships, knowledge and information that do not correspond to the culture and information and to the estate, also struggling for the use of such technologies can, to match this challenge, helping to carry it out. The production and distribution of knowledge and information and the use of information technology not separated, either condition, are built together, either help define the limits and possibilities of creation and the action sociopolitical subjects in the Brazilian media space. Thus, the importance of the struggle of the free radios and televisions and community in Brazil by positivación the right to communication, resulted in part on the Law n. 9612/98, is the creation of a framework from which to require that access to information technology is transformed into real power of expression, through, inter alia, the adoption of policies by the public power by which the use of such technologies are efective as a public service. However, the guarantee of the right to communication also depends on how traders interpret the legal rules that relate to freedom of expression and the economic, social and cultural rights.

Author: Olivo Granadino Julio Alfredo.
Year: 2005.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: Centro Cultural Embajada de España (El Salvador).
Place of preparation: Facultad de Derecho.

Summary: The investigation discovered the history of the phenomenon, its concepts and theories. The reflection of CSR standards hard law and more recently in voluntary standards or soft law: OECD Guidelines, the UN Global Compact, the Green Paper of the European Union, and so on. Not only there is an original contribution in terms of the history and organization of the phenomenon, but in the pursuit of the nature and essence of CSR from the legal standpoint. In the same order, look at what we have called elements of CSR: Theory of Interest groups (Stakeholders), which involves a business vision beyond the classical theory of profit maximization of shareholders; accountability to the society, in turn related to corporate governance and disclosure, and the Social Investment responsible. Similarly, the dimensions are discussed in terms of respect for human rights, environment and labor rights. It performs finally, an analysis of case law related to CSR, and an approach to CSR in El Salvador, for the sake of the investigation should not be only a set of theoretical speculation, but a contribution to the Salvadoran society.

Author: Segura de Dueñas Cecilia Elizabeth.
Year: 2005.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: Centro Cultural Embajada de España (El Salvador).
Place of preparation: Facultad de Derecho.

Summary: With the accelerated globalization of economic activities, national regimes competition, have tended to show weakness and insufficient for the control of restrictive trade practices of international nature. Important recent research and realize the establishment and expansion of large international cartels, which are regarded as one of the most harmful and detrimental to the development of economies. This expansion has put in between that the capacity of national systems of competition, which mostly have a territorial scope. Given this situation has those countries that are on the front line in fighting the anti-competitive practices, such as the United States and which have accumulated extensive experience in this area have driven and implemented various mechanisms to effective control. One of the mechanisms commonly used to combat these practices, even long before the accelerated process of economic globalization that is lived today, has been to equip unilaterally an extraterritorial nature of the legislation and competition authorities, despite action it has sought a livelihood doctrinaire, not only economic but also legal, it has historically been a source of various conflicts with those states that perceive it as an action contrary to the rules of international law and an unacceptable intrusion. Another of the ways that have been used and that it has experienced a significant development since the last decades of the twentieth century, has been the bilateral cooperation, which usually has led to the conclusion of international agreements that aim at achieving greater rapprochement and coordination of the laws and actions of competition authorities. But this mechanism is perceived by some actors in the international community, particularly the European Union, as insufficient and limited, due to the uneven development that the competition is among the countries in the international community. Based on this perception and noting the problems of unílateralismo and limitations of bilateralism, has been promoted by the European Union, a multilateral option oriented conclusion of an agreement in the area of competition policy in the World Trade Organization, under the understanding, that global problems require global solutions. Studying these various options that have been raised and implemented to deal with trade-restrictive practices of international nature, is the central object of this work.

Author: Menéndez Leal Salvador Eduardo.
Year: 2005.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: UES-Universidad de el Salvador (El Salvador).
Place of preparation: Facultad de Derecho.

Summary: This paper titled "The victim and Human Rights. A preliminary and critical approach to their problems" part considering that the victims of crime, abuse of power and violation of human rights and fundamental freedoms, are broadly relegated, neutralized and invisibilizadas regarding their specific needs and interests. In this line, this text from an approach initially victimológico and then they come from the perspective of human rights, is structurally organized as follows: I. Planteos preliminary. II. The victim. A general assessment of their condition. III. The victim in the criminal process. IV. The DIDH and the victim. V. The inter-regional system for the promotion and protection of human rights and the victim. VI. The victim in the jurisprudence of the Inter-American Court of Human Rights. VII. Reflections and concluding remarks. The idea behind the provision is that although the victim-individual or collectively, is unprotected, despite the passage of legal reforms, strengthening budgetary and other initiatives in their favor, the vigorous development of international law Human Rights on the one hand and on the other the strengthening of discipline victimology, have served to substantially rethink the status of unprotected social and legal it has been located for a number of reasons. It is important to appropriate, by way of clarification, that with the exception of chapter II, the theme of the victim is not addressed here from an eminently vision of Criminal Law, which, in order to emphasize that the victims should asumírsele from a dimension multidisciplinary.

Author: ÁLVAREZ GONZÁLEZ ELSA MARINA.
Year: 2005.
University: MÁLAGA [www.uma.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: 1-Public health and their scope: Approach conceptual and historical evolution. Criteria for analysis. 2-Public health in the State of the Autonomies: the distribution of powers in health. Forecasts constitutional. The powers of the State, the autonomous regions and local authorities. His articulation through institutional entities. 3 - The organization of the public health system: organization of health and health services: functional organization. The provision of health care and their forms of management. 4 - The National Health System as a system: definition and articulation. Setting progressive and different dimensions, reality and inadequacies. 5 - The cohesion of the National System of Health: coordination and cooperation. The Inter Council of the National Health System. 6, - Providing health and the right to health management benefits. 7 - The financing of public health. 8-healthcare in Andalusia. 9 - The healthcare in the European Union.

Author: GONZÁLEZ VÁZQUEZ SEBASTIÁN.
Year: 2005.
University: BURGOS [www.ubu.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: It is likely that few councils of city / town and land in the Corona de Castilla can offer, as in the case of Avila, a trend most unique and representative of which was the process of señorialización bajomedieval land of the former Spanish Extremadura. Since the earliest days of its formation as a municipality, Avila had to fight the many preferences that led to its rich heritage property. We study, the first phase of territorial definition of the Earth southern Avila which concludes with the formation of councils for segregation of Plasencia and Bejar, and the analysis of three different and litigosos fronts to keep busy to authorities abulenses in defense their individual interests land for almost a century: Talavera, Plasencia and Bejar. Also acometemos study attempts by city authorities abulenses to recover those of its southern territories alfoz recently lost. But at the core is devoted to territorial segregation undertaken by the city authorities in favor of the most prominent members of their renowned caballerescos lineages. With Valdecorneja we initiated the study itself of the señorialización secular Earth by Avila. Conceived initially as a manor gives realengo in the hands of infants, will soon change its legal status earlier after grant by King Henry II, in favor of a major house nobleman (Alvarez de Toledo). The rich counties of southern alfoz abulense going to be the main destination preferences and encumbramiento noble heritage of the major lineages Castilian, which will not be outside the most prominent families caballerescas urban areas. Señorializaciones as Rush in the valley of Tiétar, Campo Arañuelo or Vega of Lower Alberche be good example, as well as places of evening, and Navamorcuende Cardiel, solar and noble family of Davila. Procedures will be very different set by King Henry III in October 1393, in granting letters of villazgo to various villages in the council abulense in the valley of Tiétar. Its initial constitution in jurisdictions exempted be accompanied to his assignment in dominion Ruy Lopez Davalos and subsequent disintegration noble until mayorazgos be integrated in the main noble houses of Castile: Mendoza, De la Cueva and Estúñiga. Finally we discuss the "Señoríos minors abulenses." The most primary among them will be by far the Lordship of Villafranca de la Sierra, in the hands of one of the most important branches of Davila, which descends from the mayor real Esteban Domingo. Our work is complemented by an index and a heuristic and bibliographical appendix documentary.

Author: BARBOSA MELO EDELAMARE.
Year: 2005.
University: PABLO DE OLAVIDE [www.upo.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO (DEPARTAMENTO DE DERECHO PÚBLICO).

Summary: The objective of this thesis is to show that the independence and neutrality of independent regulators is not a result of the regulatory function, but the result of pragmatic economic needs applied to the right of economic regulation. The study will gather in the history of independent regulators in the United Kingdom, the United States of North America, Continental Europe and Brazil elements to display the diversity of legal and administrative powers and activities of the entities independent regulators. A doctrinal discussion of the legal basis of independent regulators is in the doctrine of pluralism and the theory of power neutral Carl Schmitt. The analysis of practical experience of the United Kingdom, the United States of North America, Spain and Brazil indicates problems in the legal and constitutional issues raised by the interaction between regulators and independent traditional powers of the State . This analysis leads to the conclusion that the meaning of terms such as "neutrality" and "independence", in the case of independent regulators, translates an image of political neutrality is guaranteed not only by the demand for technical skills and scientific knowledge for the development of the role of regulation.

Author: GONZÁLEZ-VARAS IBÁÑEZ ALEJANDRO.
Year: 2005.
University: VIGO [www.uvigo.es].
Place of defense: FACULTAD DE CIENCIAS JURÍDICAS.
Place of preparation: FACULTAD DE DERECHO - UNIVERSIDAD DE VIGO.

Author: VIEIRA FRAGOSO RONALDO.
Year: 2005.
University: EXTREMADURA [www.unex.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.