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

This paper aims at analyzing, on the one hand, the territorial and time limitations of the freedom of movement imposed in Spain due to the Covid-19 pandemic on the basis of the health legislation. On the other hand, it also aims at studying the new authorization and ratification mechanism of health measures. The purpose of that all is to check the legal viability of that measures imposed outside of the law of exception and the problems it has recently raised.

The concept of the equal vote has not been widely studied in the academic literature on electoral systems. Here we offer a theory that clarifies and quantifies the term. We differentiate four distinct elements within the idea of «equal suffrage», assigning three of them with a quantitative and measurable variable. Since the equal vote has an enormous presence in many democratic constitutions, conceptualization and quantification should help to determine the exact meaning of the expression as well as to prevent violations of voting equality. «Equal suffrage» is a subjective right and can be quantified. This should help courts to protect it.

This essay analyzes the current situation of French democracy, after the emergence of various populist movements and, among them, that of the current President Macron. The text argues that E. Macron is a «citizen» who has triumphed, that is, a candidate who presented himself as alien to the system and has managed to colonize it from the inside.

The contemporary political systems of liberal representative democracies have framed political parties as associations. This legal configuration has the virtue of conferring great freedom to the various sectors and political sensibilities of society when it comes to forming political parties, thus ensuring that their organization and operation are free from undue interference. Although this freedom of association is a fundamental premise in those historical contexts in which a liberal democracy is established preceded by a totalitarian regime, its scope and content must be questioned in the light of the challenges and problems posed by political parties in the new political reality we live in, especially in Spain, which has been adequately named the State of parties. Indeed, political parties have become the essential intermediaries between popular sovereignty and the institutions of the State, holding even greater levels of power without this seeming to result, in view of the various surveys conducted among citizens, in a political system of greater democratic quality or in a better management of the general interest. In this respect, the Spanish Constitution contemplates a clear and precise mandate regarding the necessary democratic nature of the organization and functioning of political parties; a mandate whose full development has only been partially carried out by the Law on Political Parties currently in force. In this sense, the halfheartedness of the legislator in establishing the necessary mechanisms and guarantees to promote political parties whose functioning and organization are truly democratic in order to adequately fulfill the functions constitutionally entrusted to them is striking. The observed halfheartedness cannot be protected by the associative nature of political parties since, as the Constitutional Court has established, the special and relevant functions assigned to them leave a wide margin of intervention to the legislator. Likewise, the detailed and extensive regulation that the legislator carries out on the functioning and organization of the companies in corporate law, which should be, par excellence, the entities that present a greater margin of self-organization for the management of their eminently private interests, contrasts with the imprecision and vagueness of the norms that are called to regulate the democraticcharacter of some entities that monopolize the democratic game and the great political decisions in our contemporary societies. For all these reasons, the reflection reflected in this article proposes the possible application of some guarantees and normative provisions from the field of capital companies to the regulation of political parties. Lastly, the article echoes some of the rules of comparative law, in particular German and Portuguese legislation, regarding political parties, which could inspire a reform of the Spanish law, which is suggested as urgent and necessary.

Linguistic diversity is a great cultural wealth of our State, that is why the Constitution, in Article 3, recognises Spanish as the official language throughout the territory, and the possibility that other languages may also be, if so stipulated in their statute of autonomy. A co-official model is envisaged that fosters the coexistence of the different languages, and therefore, in order to promote the use and knowledge of the regional languages, and to place them on the same level as Spanish, linguistic standardisation is set in motion. The different official regional languages are incorporated into the regional education systems, with the aim of achieving bilingualism that would allow the simultaneous use and correct knowledge of both languages. Over time, this objective has been achieved, and the number of hours devoted to the study of the regional language has gradually increased, although the dedication and interest in Spanish has suffered, and contact with the common language is decreasing.Added to this are the doubts as to the concept of vehicular language in education which, although the previous education law predicated it on Spanish, the current law eliminates it from its content. While awaiting the ruling of the Constitutional Court, we must remember what has been said in previous rulings, considering that both languages must be considered as vehicular languages in education, and that neither can be understood as preferential or proper, if this implies a demerit for the other. It is truly incoherent to speak of an official language of a State, common to all its citizens, and that it is not understood as a vehicular language.This being the case, the interest of the territories in the promotion and use of their regional languages seems to have gone beyond balance, so that the teaching hours devoted to Spanish are becoming fewer and fewer, and the problems for families in finding educational centres whose language is the official one. Finding the right balance between promoting the great cultural richness that comes from being able to master two languages, and ensuring that knowledge of Spanish is not impaired, is not an easy task. The disproportionate attention paid to regional languages, to the detriment of the official language, clearly affects many of the values involved, and clearly limits the exercise of certain rights. It is the public authorities who are called upon to control and guarantee that the co-official system is actually applied with respect for the spirit in which it was conceived. Summary:1. INTRODUCTION. 2. SPANISH AND OTHER OFFICIAL LANGUAGES: THEIR CONSTITUTIONAL AND STATUTORY PROVISION. 2.1. Regarding Spanish. 2.2. As regards to other languages. 2.3. The defining element of officiality. 2.4. Egalitarian or hierarchical co-officiality? 2.5. Co-officiality as an institutional guarantee. 3. LINGUISTIC STANDARDISATION AND THE INCORPORATION OF OFFICIAL LANGUAGES INTO EDUCATION. 3.1. Concept and stages of linguistic standardisation in the light of jurisprudence. 3.2. Standardisation and its educational provisions. 3.3. Denormalising the commonplace. 4. THE DUTY TO KNOW THE LANGUAGE IN THE FIELD OF EDUCATION. 5. THE VEHICULAR LANGUAGE IN EDUCATION. 6. BACK AND FORTH OF SPANISH AS A VEHICULAR LANGUAGE. 7. THE CHALLENGE OF BILINGUALISM IN EDUCATIONAL PRACTICE. 7.1. Little reference to Spanish. 7.2. From conjunction to linguistic immersion. 7.3. Consequences of linguistic immersion and affected rights. 8. CONCLUSIONS.

The conceptual evolution of «minors», referring to real subjects of rights and duties instead of mere objects of protections, has not only entailed a substantive change, but also a change in State and regional powers. Differences between Organic Law 1/1996, of January 15, on Legal Protection of Children in 1996 and recent Organic Law 8/2021, of June 4, of Comprehensive Protection of Children and Adolescents against Violence (LOPIVI) poses new challenges to define the limits of State and regional powers in childhood and adolescence protection within the constitutional and regional framework in place. Beyond powers to establish civil regulations —traditionally used by the State to regulate childhood protection— and powers to address social welfare —exercised by Autonomous Communities—, the adoption of LOPIVI makes us interpret other powers in that field. Some of them raise challenges concerning the definition of «basic legislation» in several areas (education, health, administrative matters…). Others —most of them in fact— raise issues concerning the limits of «basic conditions» mentioned in article 149.1.1 SC. In all cases, LOPIVI offers a few certainties but also casts doubts on the limits of State powers to protect children and adolescents in Spain, compared to regional powers. We will analyze those powers in depth and we will assess the political solution achieved in order to solve the problems observed (at least provisionally). We will also propose some future interpretative guidelines to define State and regional powers more precisely in relation to childhood and adolescence protection in Spain. Summary:I. INTRODUCTION. II. CHILDHOOD AND ADOLESCENCE PROTECTION IN THE SPANISH CONSTITUTION AND STATUTES OF AUTONOMY. III. LOPIVI AND EDUCATION (149.1.30 SC). IV. LOPIVI AND HEALTH (149.1.16 SC). V. LOPIVI AND LEGAL REGIME OF PUBLIC ADMINISTRATIONS (149.1.18 SC). VI. A KEY ISSUE: ESTABLISHING BASIC CONDITIONS TO PROTECT CHILDHOOD AND ADOLESCENCE (149.1.1 SC). VII. PROVISIONAL POLITICAL SOLUTION AND PROPOSALS FOR FUTURE INTERPRETATION. VIII. CONCLUSIONS.

The recent approval of the LOMLOE has led to an intense debate on its content and, very significantly, on those aspects of the organic legislative text that are most controversial from a constitutional perspective. Beyond the controversy generated around its unique processing, promoted with great speed during the pandemic and the result of a technically questionable legislative procedure, criticism has focused on the legal developments related to concerted education, the pedagogical model of differentiated school or the curtailment of managerial power with respect to private ownership. The state organic text oversizes the performance aspect of the right to education by dint of limiting its intrinsic value of freedom and slides us towards a questionable state educational model that not only departs from the constitutional consensus but can seriously undermine the system of values that support The EU. Reopening, in short, a constitutional debate whose resolution will shed light on determining aspects of the Spanish educational model, condemned to chronic instability by a state legislator incapable of forging lasting consensus over time. SummaryI. INTRODUCTION. II. ONE MORE THAN DISCUSSED PARLIAMENTARY PROCESSING THAT PREVENTS CONCLUSION OF THE EDUCATIONAL AGREEMENT. III. PRIORITIZATION OF THE PUBLIC NETWORK AND PRETERITION OF THE CHARTER SCHOOL: SUPPRESSION OF SOCIAL DEMAND AS A CRITERION OF GENERAL EDUCATION PROGRAMMING. IV. ASPECTS RELATED TO PRIVATE LEGAL ENTITIES AS OWNERS OF EDUCATIONAL CENTERS. V. COEDUCATION AND SINGLE-SEX: REOPENING OF A CONSTITUTIONAL DEBATE. VI. ONE LAST NOTE ON THE CRITICAL ASPECTS REFERRED TO SPECIAL EDUCATION NEEDS. VII. CONCLUSIONS.

The establishment of the Magistracy Council in the Republic of Argentina has been the result of a slow, questioned and still questionable work to this very day, where a climate of constant confrontation between three separate powers and the iron submission of the Executive and Legislative Power to the Judicial Power. The ambivalence of the content of articles 114 and 115, alongside the constitutional reform of 1994, has allowed serious doubts to be formed regarding the existence or non-existence of judicial independence and recognition of the official guarantee of the State of Law. The law instilled by the Magistracy Council has undergone various changes since its promulgation, some of them having managed to improve to a certain extent the internal functioning of the aforementioned body, but the core problem has still not been resolved if not encouraged, due to the reduction of the composition of the Magistracy Council and its excessive dependence on the executive branch endangering the separation of powers. Solving and improving the current situation would not only require a reform of the cited constitutional precepts but also a depoliticization of the Magistracy Council, as well as greater awareness and political will, starting with the recognition, through law, of the separation of powers and ending with the non-interference of the Executive branch, as well as the Legislative branch, with the Judicial. In this essay, not only will be studying all the aspects of the Magistracy Council but also a body of dubious constitutionality, the so-called Jury of Prosecution.

The public enterprise’s Statute during the current Chilean Legal System, presents its own physiognomy and characteristics of an authoritarian and neoliberal model designed by the 1980’s constitution, that continues to be until these days, in general terms, on The Chilean’s Public Law System. On this project, we will briefly review its main characteristics, and we may also outline prospectively how it should be configured in the new Constitution, from the horizon of a social and democratic state of law. We will also analyze the period of “Continuity and Change” that will occur when the new Fundamental Law comes into force, a period in which a proper interpretation by the democratic legislator, and the Administration itself, as well as the doctrine and the jurisprudence, results crucial for a transformation of the actual institutional design outlined by the civic-military dictatorship, it has to take place and obey to the decisions of the Democratic Constituent, in order to establish a new State, based on new fundamental values.

An investigation is carried out on the election of the members of the General Council of the Judiciary at two levels: 1. International, comparing it with the position of different European institutions such as the European Court of Human Rights, the Council of Europe, the Consultative Council of European Judges, the European Network of Councils for the Judiciary, the Venice Commission even the Court of Justice of the European Union itself; 2. At an internal or national level, analyzing the position of the Constitutional Court, the different parliamentary groups, legal professionals and academic doctrine. SummaryI. INTRODUCTION. II. INTERNATIONAL SCOPE: 1. Brief comparative note of countries in our environment. 2. Assessment of the ECtHR. 3. Council of Europe: 3.1. Recommendation CM/Rec (2010) 12. 3.2. GRECO: a) Report year 2017. b) Report year 2019. c) Report year 2021. 4. Magna Carta of European Judges. 5. European Network of Councils of the Judiciary. 6. Venice Commission. 7. Court of Justice of the European Union. III. NATIONAL PERSPECTIVE: 1. Constitutional Court. 2. Parliamentary Groups: 2.1. Socialist. 2.2. Popular. 2.3. Ciudadanos. 2.4. Other Parliamentary Groups. 2.5. By way of conclusion. 3. Justice Professionals: 3.1. Associations of judges: a) APM. b) JJpD.c) AJFV. d) IGF. 3.2. General Council of the Legal Profession. 4. Positioning of the doctrine. IV. CONCLUSIONS AND PROPOSAL.