Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The administrative career of public officials is part of the series of reforms of the constitutional legal regime and the change of legal principles that comprise it, with the elaboration of the subjective public function, as opposed to the deflated objective public function configured in the Old regime. It is predicated that access to the public function must be carried out by virtue of the principles of merit, equality and capacity. Therefore, historically, the organization of the administrative career arises as an alternative to the appointment of officials by free appointment of political power. In the year 1876 a proposal of law of Mr. Puig y Llagostera on the administrative career was debated in the Congress of Deputies. The Deputy defends the approval of this Proposition of law on the basis of which it is necessary to make of the public function a profession that he qualifies as «honorable and honored», which had to be dignified. That it be a depoliticized profession, completely exempt from political influences and oscillations and based on criteria of merit and capacity in the entry and promotion of the administrative career.

Spain suffers from a major demographical crisis, but, paradoxically, there is a gap between desired and real parenthood as well. There are many socio-economical barriers which contribute to Spaniards giving up their willingness to have children, one of the most important of which is the difficulty to keep a work-life balance (INE 2018). Taxes can become an instrument to a fiscal policy that promotes and protects constitutional values, for instance, the family. Through appropriate fiscal policies taxes can promotes and protects parenthood, work-life conciliation, co-responsibility, equality, childhood and, ultimately, family. This article analyzes the tax regime of maternity benefits recently modified after the Supreme Court 1482/2018, deepens the role of the family as an agent of change capable of reversing the demographic problem that our country is going through and proposes measures tax to reform the Personal Income Tax, measures that, by means of facilitating work-life conciliation, promote natality and remove difficulties from children and family care.

The work seeks to analyze the fragility of the Rule of Law and with it the impunity for the violation of Freedom of Association in Latin America, addressing in depth the case of Colombia, considering the magnitude of the problem in this region. Although it is true that these countries share, at least formally, the postulates of Freedom of Association developed in the ILO model in their International Labor Conventions, especially in No. 87, on Freedom of Association and Protection of the Right to Organize, from 1948; and in N ° 98, on the Right to Organize and Collective Bargaining, (from 1948), the American continent presents the highest number of complaints for violations of Freedom of Association. In such a way that the study describes the context of the trade union crisis that Latin America is going through, the problem of the violation of Freedom of Association in Colombia, addressing the legal context and the reality denounced by international treaties, organizations and institutions. The aim is to conclude that the violations against life, liberty and integrity committed against trade unionists in Latin America and Colombia constitute a serious violation of the rights of Freedom of Association and fundamental human rights, enshrined and protected by international norms and covenants, by the Political Constitution and the law.

In the normative regulation of our Civil Code we can verify the echo and survival of the Roman Law. Specifically, the protection provided by reason of latent defect, reproduces, almost literally, that reproduces the one contemplated in Rome, where the notion of redhibitory vice that was originated and evolved within the aedilitian Law. That same concept was formed depending on the socioeconomic and time-space context in which the aedilitian Law developed and evolved in relation to the other sources. All of that, influenced the procedural actions offered by these magistrates, its nature and goal, as well as the responsibility of the seller. Bearing these variables in mind, as it was said, the study intends to delve the Roma casuistry to, from itself, to extract the main features of the concept of vice in our Civil Code.

Gestation by substitution is a reproductive technique not allowed in Spain. Regardless of this, there are hundreds of Spaniards who annually travel to permissive countries with the objective of fulfilling the dream of being parents. Ukraine, for more than a decade, has been a reference destination to access this technique, not only because of the affordable costs of the process, but also because of the permissible registration channel through which these children accessed the Spanish Civil Registry. The recent change of legal direction ordered by the Spanish Government has generated a significant legal conflict that has resulted in the fact that dozens of Spanish families are currently trapped in Ukraine without the legal possibility of leaving the country in the company of their children.

In these pages, the inclusion of preparatory actions in the Spanish Penal Code is criticized once more. Specifically, this contribution is centered on providing several motives for which it is judged necessary to reduce the currently defined sentences for the “crimes of preparation.” The thesis maintained here is based on the distinction between two periods of time or basic moments of penal responsibility of all human behavior: the first, the relevance of the effects or results of a crime; the second, the valuation of the intensity of its preparation.

The author critices a well widespread opinion the expression “iudicia contraria” in Cic. De off. II. 17. 70 has in this case an atechnical meaning that can be referred too to the actions arising from the sale and the rental contracts. The author argues instead “iudicia contraria” in Cic. De off. II. 17. 70 does have a technical meaning that can be detected also in other sources next to time of Cicero.

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The work develops the basic legal status applicable to detainees due to terrorism, analyzed from the application of the Organic Law 4/1988 of May 25, that modifies Criminal Procedural Code to Organic Law 13/2015, of October 5 that modifies Criminal Procedural Code regarding the strengthen of procedural guarantees and regulates technological research measures and Law 41/2015, of  October 5, that modifies Criminal Procedural Code to streamline criminal justice and to strengthen procedural guarantees. After a detailed analysis of the right of defense, it is related to the suspension of fundamental rights provided by art. 55.2 CE and its corresponding organic development.

I address this work in honor to my maestro José Almagro Nosete recently deceased the constitutional guarantees of the process. Their origin and development. How they affect the action, jurisdiction and process. And how they protect themselves. We address them from a chronological plane and in the four jurisdictional orders of the ordinary jurisdiction. We have taken into account the teachings of Professor Almagro Nosete, although it is a “proper” work and it is apart from all the considerations that the honoree had to highlight.