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THE IMMEDIACY AS A PROCEDURAL GUARANTEE (IN THE CIVIL PROCEEDINGS AND CRIMINAL PROCEEDINGS).Author: HERRERA ABIAN ROSARIO. Year: 2003. University: COMPLUTENSE DE MADRID. Place of defense: FACULTAD DE DERECHO. Place of preparation: FACULTAD DE DERECHO (UCM). Summary: It explores the significance of the principle of inmedia in civil proceedings from the LEC 1 / 2000, and the importance that reaches into the criminal process, with particular reference to the recent pronouncements of the Constitutional Court demanding the implementation of this guarantee in the second instance criminal. Different institutions process in which the principle of immediacy is essential and elaborates the exceptions that occur to defend other intereses.En these cases advances in tegnología without being substitutes pefectos of immediacy, presents an option , plausible to cover cases in which the guarantee is hardly applicable. Throughout this study doctrinal and jurisprudential is being translated before ujna assurance of the parties which constitute an essential element for achieving a fair trial and not merely a way to respond to procedural reasons of expediency. THE POLICY OF PLACEMENT.Author: SOBRINO GONZÁLEZ GEMMA M.. Year: 2003. University: COMPLUTENSE DE MADRID. Place of defense: FACULTAD DE DERECHO. Place of preparation: FACULTAD DE DERECHO /CC. ECONOMICAS.
Summary: The thesis discusses the political coloration in Spain, where an instrument of policy empleo.Se conducts a study of the evolutionary institution, which takes as its starting point the former rules governing the placement until the enactment of the last of them, recientísima Law 56/2003 of 16 December Employment. In the thesis investigated the various subjects involved in the process of intermediation laboral.Esto is the Public Employment Service, desvertebrado in Public Employment Service and State Public Employment Service Autonomy, and private operators private placement agencies, temporary employment, companies outplacenment, cabinets selection virtual employment agencies and others. That means both private agents legally recognized as those who are not but act in the labor market. This highlights the gaps in the legal system of employment Spanish and consequently, the needs of the latter. THE STATUS OF BAYONAAuthor: DOMINGUEZ AGUDO M. REYES. Year: 2003. University: COMPLUTENSE DE MADRID. Place of defense: FACULTAD DE DERECHO. Place of preparation: FACULTAD DE DERECHO DE LA UNIVERSIDAD COMPLUTENSE DE MADRID. Summary: This research work aims to make a study of the Statute of Bayonne that brings, as well as legal aspects, others that are no less important for a better understanding of the constitutional text as being related and have influenced their lives. I refer to aspects of type historical, economical, social, cultural and political. The connection of all of them, with a greater role of the legal, of course, lead to a study on the Status of Bayonne that gives itself the apariciencia of a constitutional text. To achieve this purpose has respected its formal structure, but we have chosen to organize the art into two main parts: organic and dogmatic. Part dogmatic be formed by the principles, values, rights and freedoms and the organic part of the organs and institutions representing the various branches of government. In addition to the comprehensive analysis of these two beloved party has been studying with deteniento other key aspects presicamente to analyze the actual content of the Statute of Bayonne. We refer to their historical context and the process of internal development of the same. As part of the work has been devoted a chapter called ideological and political context in which we wanted to amalgamate those elements that give consistency to the "body" constitutional and that, moreover, are part of the major studies constituticonales. The treaty we aspects of the Statute of Bayonne on the origins of constitutionalism historic Spanish, birth, the crisis of the Old Regime, the Statute and the genesis of the constitutional doctrine, their background, their nature and their legal significance. Also, we have built three sections intimately connected with him and that they also have sustantividad own themselves, the first is dedicated to the rpercusiones, that the adoption of the Statute of Bayonne produced in India, which translates into an existence american representation in Bayonne and the creation of a new Indian law. The second called Bayonne to the Cortes of Cadiz through the Provincial Councils, the Central Board and the Council of Regency, we wanted to unite the Status of Bayonne with the initiative constituent of Cadiz through the phenomenon of juntismo and thirdly the survival of the Statute of Bayonne in 1808 by the Constitution of Cadiz in 1812, analyzing the specifics of the Constitution of 1812 in connection with new forms of political power, and above all the differences and contributions of the Statute of Bayonne to Text of Cadiz . Lastly work has been completed with some final conclusions, a bibliography and chronological schemes to facilitate a better understanding of the work. THE JUDICIAL PROTECTION OF THE FUNDAMENTAL RIGHTS OF A PROCEDURAL NATUREAuthor: NATARÉN NANDAYAPA CARLOS FAUSTINO. Year: 2003. University: COMPLUTENSE DE MADRID. Place of defense: FACULTAD DE DERECHO. Place of preparation: FACULTAD DE DERECHO, UNIV. COMPLUTENSE. Summary: The constitutional mandate-set up in Article 53.2 EC so that the legislature established procedures for the protection, before the ordinary courts of fundamental rights has never had achievement with regard to the rights contained in Article 24 EC. This shortfall of protection of fundamental rights of a procedural nature understood as a set of principles, individual rights and due process constitucionalizados- derives much of its particular area of pursuit, as the taxpayer of these rights: the process and the judiciary respectively. That is the very nature of the rights that make up this category which prevents their protection can be accomplished in the same manner as was the rest guardianship of fundamental rights. The Act 1 / 2000 of civil procedure recognizes the problem identified and for the first time in the legal system post-constitucional, deals in a systematic manner for the protection of the fundamental rights of a procedural nature. The research deals with the study of the system of protection of fundamental rights of a procedural nature in the recent Code of Civil Procedure. The thesis is divided into three parts and an epilogue. In the first part, the thesis from the existing doctrine on fundamental rights, performs an analysis of the rights which are the nature and content of an impact specifically on the process, explores their location and analyzes the constitutional mandate addressed to his guardianship in the article 53.2 constitutional, stressing the deficit protection that has characterized these rights. Later, in the second part, deals with the analysis of the system to protect fundamental rights procedural raised in the original text of the Code of Civil Procedure 1 / 2000 of 7 January, highlighting the new approach from which the legislature raised their protection. It explores the overall system proposed by the law, based on the different levels or degrees of protection until it reaches the extraordinary remedy for the infringement proceedings. The third part of this paper conducts a detailed analysis of the extraordinary remedy for the infringement procedure, which incorporates the effects of the additional provision sixteenth, and the resulting agreement interpretation of this provision sixteenth produced by the First Hall Supreme Court and that joining the jurisprudence, via recourse for complaint, part of the current system. Finally, the epilogo, an analysis of the influence of portección of these rights in relations between the courts and the Constitutional Court. THE HUMAN RIGHT TO WATERAuthor: GARCÍA MORALES ANIZA F.. Year: 2004. University: COMPLUTENSE DE MADRID. Place of defense: FACULTAD DE DERECHO. Place of preparation: FACULTAD DE DERECHO.
Summary: This paper deals with the study of the right to water as a human right. It is divided into five chapters. The first discusses the "vital necessity" in the identification of the origin of the right to water, within the core curriculum to which it belongs. It deals with the sociological problem of water to demonstrate the urgency of the law responsible for their regulation. The second chapter takes the perspective of dogmatic legal descriptive. They are listed and studied the rules effectively and in varying degrees of specification, has recognized the existence of a right to water, either at the international level or the national level for a few cases that have been considered relevant for different reasons (Spain, Mexico , South Africa, Argentina). The third chapter deals with the right to water from a perspective that is essentially of Theory of Law, and analyzes it in his "substance" in a broader level, including the obligations correlative to power as consisting in the right ( both domestic and international, and generic and specific) and their possible violations. The fourth chapter, for its part, is responsible for the security arrangements of the right to water: the institutional (political, judicial and semi-jurisdiccionales) and the social guarantee. The fifth chapter proposes the basic lines of what should be a full and proper regulation of the right to water as a human right. THE INSTITUTIONS PLACEMENT (FROM PUBLIC MONOPOLY TO THE COEXISTENCE OF PUBLIC AND PRIVATE BROKERS IN THE PLACEMENT OF WORKERS)Author: ALARCÓN CASTELLANOS M. DEL MAR. Year: 2004. University: COMPLUTENSE DE MADRID. Place of defense: FACULTAD DE DERECHO. Place of preparation: FACULTAD DE DERECHO DE LA UNIVERSIDAD COMPLUTENSE. Summary: The thesis deals with the analysis of intermediary institutions in the placement of workers active in the Spanish labor market from an integrated perspective. Therefore, discusses the evolution and current status of public institutions placement of the non-profit agencies, and even of those who collaborate with the Public Employment Service in trying to find out what is the channel through which must discurrir his performance in the near future. The thesis is divided into two parts. The first part focuses its analysis on the evolution and existing legal regime of intermediation work done through the Public Services Placement. It examines the legal system both nationally and supranancional in Public Service Placement in the Second Republic, the Civil War, the Franco regime and democracy. The National Employment Institute is one of the backbones of this work, together with the transfer of authority in the area of active employment policies, territorial decentralization and the new National Employment System emerged from the Law 56/2003, Employment. The second part of the thesis deals with the analysis of the agencies as partners of the Public Employment Services from a historical perspective. To do this, we go back to the study of the first agencies. However, the study has focused on the analysis of the current legal regime of employment agencies and the divergences between the agencies and the various entities engaged in similar or identical tasks of the agencies mentioned. SEPARATION OF POWERS OF GOVERNMENT AND JUDICIARY.Author: IÑIGUEZ HERNANDEZ DIEGO. Year: 2004. University: CANTABRIA. Place of defense: FACULTAD DE DERECHO. Place of preparation: FACULTAD DE DERECHO. Summary: The thesis examines the historical origins, political and ideological; finesperseguidos, and the effectiveness with which the articulation of an organ of self-government deL Judiciary in the Constitution of 1978 guarantees effectively its independence from the government, political parties and legislative chambers. Part of a methodological approach realistic-not just positivista- that, in accordance with the criteria Garcia Nieto, considered essential use, in this type of approach to Constitutional Law, other elements of Sciences: essentially, history and sociology. Chapter 2 examines the historical origins and meaning structural and legitimizing the principle of separation of powers and its journey in one of the most important constitutional systems, because they have taken basic elements of the Spanish model of CGPJ (for Italy) or because it is instructive to contrast their constitutional solutions to the Spanish model of 1978 (for English and conceptions of the United States of America). Chapter 3 stops in the Spanish case: in the evolution of the shape of the judge, the judicial structures, the system of government and guarantees of judicial independence from the origins of our modern state. Chapter 4 is devoted to the constitutional model of 1978 on the Spanish judiciary, the problems inseparable from the political independence, especially the judiciary and the government and the reasons for the import and configuration form the CGPJ. Chapter 5 is devoted to the implementation of the model of government through the three successive models of articulation of GGPJ (corporate supporter LOCGPJ of 1980, the parliamentary election of the LOPJ of 1985 and the Joint -corporativo and parliamentary - LO 2 / 2001. is covered in the respective he (and conflicting) processes of gestation and debate - and its impact on public successive reforms. Chapter 6 provides an assessment on the actual operation of CGPJ in its role to ensure judicial independence, by addressing the internal dimensions of the body (the appointment of its members and its chairman, some elements of their operations and voted funión block because of the designation) and external (analyzing his speech in conflicts that are classified as internal, external and outside of normal gravity extraordinary). Completion offers a negative conclusion about the virtue preservativa of judicial independence of the CGPJ. considers And some possible actions to make more effective claim constitutional separation powers and Judicial Independence: essentially, a formal nature, which shed more transparency (in the sense that is used in the German constitutional reality the concept of Ãfentlichkeit) as a guarantee of independence, and another substantial character, which ensures a higher degree of pluralism in those processes. THE RIGHT COMPUTER ACCESS TO ADMINISTRATIVE DOCUMENTS FOR THE OVERALL ADMINISTRATION OF THE STATE. THE CASE OF THE GENERAL DIRECTION OF TRAFFICAuthor: CUEVAS SEDANO MANUEL. Year: 2005. University: COMPLUTENSE DE MADRID. Place of defense: FACULTAD DE CIENCIAS DE LA INFORMACIÓN. Place of preparation: FACULTAD DE CIENCIAS DE LA INFORMACIÓN (UCM).
Summary: It is a rigorous study of the various access regimes, especially those who might interfere with each other, creating dysfunctions both for the holders of the information to those responsible for the archives, records and files that contain it. It makes an analysis hiolístico permitting, based on the Implementing Rules, the doctrinal positions and jurisprudence and constitutional doctrine, taking a stance on the matter. THE CHAIRMANSHIP OF THE ROYAL COUNCIL OF CASTILE (1390-1808)
Summary: The Presidency of the Council of Castile was with the lights and shadows that characterized the long and complex evolution of the Council itself, one of the key political institutions in the Old Regime. His interest contrasts with the lack of a work dedicated to a case study from a perspective histórico - jurídica, throughout his long life, a gap which seeks to alleviate this study that provides an overview of the presidency Royal Council of Castile since its inception until the first extinction of the institution in 1808. The work has been divided into three sections: the first is dedicated to the Genesis and historical evolution of the institution from its founding standard describes the stages through which crossed the presidency: development, consolidation, splendor, loss of vigor, revival and declining to extinction. The main historical vicissitudes that occurs during the period of widespread existence of the institution, from its medieval origins until its demise with the collapse of the Old Rémine serve as a backdrop on which it is following the evolution of the particle presidency of the Council of Real Castile. The title of the second section, the character and his position is sufficiently descriptive of its contents. The exhibition that takes place in the first part of the work would have been incomplete without a personal analysis of those who played the leading role of chairing the Council of Castile: the repeated assertion that it is people who make up the institutions not topical it is less certain, and serves to demonstrate that the hallmarks of a personality of stature elevated status and influence of office even in times less afortados in the history of the synod. The second part of this section is devoted to describing the legal nature of the institution, since the uniqueness of the presidential nomination, his salary, powers and privileges, to the discretion of the removal, in keeping with the deadline for unspecified which granted that post maximum confidence. Supplement to the inescapable institutional study which is the body of work is the contribution of the sources that have served as the basis and instrument for investigaicón. Because of the delay period, the sources which incluyeren the third section does not constitute an exhaustive list of the material used, but a selection of what has been considered of greatest interest to provide a descriptive overview of the genesis and evolution of legal profiles the chairmanship of the Royal Council of Castile.
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