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

The purpose of this article is to analyze the level of the treatment by the Courts of sick leave dismissals. The aforementioned issue has not been subject of controversy lately, but this could change due to the Decision of the European Justice Court (Mohamed Daouidi vs. Bootes Plus, S. L.). The rationale for such Decision and its implementation by Employment Court 33 of Barcelona –which referred to the European Court the issue under controversy– are analyzed from a critical point of view, to determine if the rationale contained in both Decisions could justify a modiication of the legal doctrine, or if to the contrary, these criteria should remain unchanged.

Road safety is at present one of the main concerns from both political and social points of view. With the appearance of the automobile and the risks associated, came the growing concern of authorities, on how to reduce the consequences of road accidents, resolving in the creation of the legal road safety group, dealing with the different grades of criminal danger –abstract and concrete–, starting a slow but tenacious invasion of the criminal administration law area sanctions, at the expense of weakening many of the inspiring principles of the Criminal Law. The current project intends to justify the assistance of the law due to the new risk originated by the trafic of motor vehicles and identify these friction areas between both branches of the regulation with the inclusion of new criminal illicit actions.

In recent years there has been a notable change in the regulation of the responsibility of public servants. The repeal of the Law on the Legal Regime of Public Administrations, the modification of the Criminal Code and the approval of the Transparency Law have created a new framework. This text tries to expose the current Spanish regulation on these issues. Therefore, it offers a global vision of the criminal, patrimonial and disciplinary responsibility of public servants, accompanied by a critical vision on the practise.

The Law (LO 5/2000, January 12th) regulates the young responsibility, the law is a guarantor that replaces the paternalistic orientation of the Law of 1948 of the Juvenile Court, by a non-repressive regime, it is sanctioning and educational. The law ultimate objective is the «superior interest of the child» which has to evaluate a technical, professional, specialized and multidisciplinary team. The Law regulates the responsibility of persons over 14 and under 18, and imposes «measures» (not penalties) that are applied with great flexibility. The direction of the procedure is placed in the hands of the prosecutor, not the judge.

Bibliographical work where in the introduction I analyze, brief, what juridically for the history of the Spanish procedural law there supposed the text of the Partidas, specially, the Third one that is essential for the experts of the civil process for what it represented in his epoch and because it was the vertebral column of the civil Spanish process from The XIIIth Century until almost we would say The XXIst Century. Later I approach the method romanist of «mos italicus» received of Italy in The XIIIth Century that consists of applying to the Law the dialectics of the Scholastic Philosophy and his repercussion in the juridical works of the authors Spanish referred to the Royal Law or in force Native is Civil, Penal or Procedural from. The XVIth the XVIIIth Centuries and his results; and the minor influence that had on the commercial law for his customary base. Also the method approaches of «mos gallicus» that applies the essence of the Humanist Philosophy to the Law and that had minor it influences in the juridical works of these centuries except in the Constitutional law and his philosophy to justify the Absolutist Monarchic State and in the International Law on the conquest of America; method more reined than the previous one and where his defenders are near the Political commanding Power. In the second half of The XVIIIth Century «mos italicus» « applied to the Royal Law or in force Native meets little by little displaced, replaced and modified for the influence of the racionalist illustrated thought and that of the encyclopedic. I try to give importance to the works of procedural law on having approached this work. I emphasize the importance of the afirmations accompanying as base two indexes of authors and of his juridical works –though always incompletes– recounted one to the XVI and the XVIIth Centuries and other one to The XVIII and XIXth Centuries in order that other investigators adopt precise conclusions.

The paper studies the compliance in the United States of America of the provisions of article 36 of the Vienna Convention on Consular Relations of 1963, which establishes the obligation of authorities to inform the foreigner they have detained, without delay, of their right to communicate with their consulates so that their officers can visit and help them organize their legal defense. The document focuses on the United States, a country that has had proceedings instituted against it three times before the International Court of Justice for violations of article 36 of the above-mentioned convention. During the last two decades, the United States has become the international epicenter of the debates on consular rights, not only because it is the nation with the highest number of foreigners living in its territory and has the largest prison population in the world, but also due to the existence of capital punishment in its legal system.

Presently, the right to health protection and provision is fully recognized in most western legal systems. However, the patient’s right to refuse medical treatment remains a controversial issue for most physicians and judges, who repeatedly prioritize the right to life above all else. Such doctors can accept or Refuse a medical procedure (principle of autonomy), religious freedom and dignity of a paitient. The European courts tend to side with the decriminalization of the health professionals who respect the patient’s decision, even if it causes considerable prejudice or even death. In Ecuador, the legislation is not totally clear and precise in this subject, therefore, we will study the legal basis that the patient has the right to refuse medical treatment for ideological or religious reasons in declarations, convenants, international agreement.

For Criminology the measurement of crime is important because it allows to test criminological theories, the study of the correlates of the crime, the knowledge of the victims and the design of the criminal policy. The question that arises is which of the instruments used for the measurement of crime, oficial statistics, victimization surveys and self-report studies, is the most appropriate to know the crime rates and evolution of crime in our country. In Spain the oficial statistics are the ones that offer us data that we can work with because they have been performed periodically, while victimization surveys and self-report studies have been scarce. Among the oficial statistics, the best statistics on crimes are police statistics, published in the Yearbook of the Ministry of the Interior, against information provided by other oficial statistics, such as those of the Office of the Prosecutor and those of the Council General of the Judiciary, because they collect the first information on the commission of criminal acts and contain less bias.

Up until today, it is not possible to afirm that transnational companies hold the condition of subjects of International law due to the application of the principle of responsibility of States. The main consequence of the former statement is evidenced on the existence of great dificulties for determining the responsibility of the transnational company in the context of International law, particularly upon the occurrence of violations of human rights in the foreign investment field. This article, on the basis of an analysis of the international legal framework in force, offers a proposal of solution that has as main purpose that of offering legal instruments that may help to provide an effective protection of human rights in the context of International law. The proposal is raised from a substantive perspective, by means of incorporating the transnational company as subject of International law, and also procedural, through international arbitration.

Cloud computing is a major technological revolution today. The user of this service ceases to have the data in their computer equipment, to be stored by the service provider or someone who has subcontracted the work. Sometimes the subcontracting chain is wide. Customer data may be moving between different countries, some of them with adequate protection of personal data, but others that do not have this adequate protection. International data transfers appear in this case. In order for these to be legally enforceable, a number of obligations must be fulilled. We will see that the current rules on data protection suffer from a rigidity that discourages compliance. When the new European Data Protection Regulation comes into force, all international transfers, including those occurring in cloud computing services, will be facilitated.