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

This paper refers the problems arising from irregular contracting by Spanish municipalities. Specifically, the channel to be followed is analyzed to pay the invoices presented by the providers of benefits that the Administration has obtained in an irregular manner, dispensing with an absolute form of the due procedure and with absence of credit for the attention of the contracted obligations. The prohibition of the unjust enrichment of the Administration obliges the Administration to pay the compensation received, but it can only do so by resorting to the way of the ex officio review of the award acts of the contracts improperly awarded. A study refers the amounts that must be effectively paid for the liquidation of the contracts with special interest in the possibility of payment of the industrial benefit.

The present work tries to establish the existing connections between the Competition Law, the Tort Law and the Contractual Law from the nullity by infringement of the Antitrust Law. Its purpose is to expose them in a systematic way, trying to highlight certain contradictions currently existing in Spanish jurisprudential practice, contributing to undo the jurisprudentially created “tension” between these important sectors of the economic legal system.

This paper deals with a long-standing problem in public employment (the abuse of temporary employment) that has wors-ened in recent times as a result of the economic crisis. Specifically, it examines the various responses that have been offered both by public employers and by the Courts and Tribunals of jurisdictional orders that hear the claims made by the two large categories of personnel at the service of Public Administrations (officials and workers in labor regime). Finally, a critical analysis of the main formulas articulated as a reaction to the exposed problem is made, with a reasoned option for the one considered most appropriate.

From the beginning of the century XXI the modernization of the public sector encouraged by the Tic has triggered a series of positive aspects and negatives for the citizens; Enter the most innovative reforms that you have suffered the governmental environ- ment in front of the fomentation of the electronic processes through the electronic Government. The use of the Tic attempts to reform some processes of the public step and to link the citizens with Administration in order that that you decrease the bureaucratic load in the steps, to promote convert in a tool the civic participation itself actively, to strengthen the confidence in the State, viabilizar and to increment the transparency and accountability. The modification of models and governmental policies for the States has brought his implementation. XX, event make the activities that citizens accomplish with the Public Administration themselves of electronic form since late the century that city has advanced with smart.

The Prosecutor can lead criminal investigations similar to Judges and Police Forces, and this measures can affect to the suspect with a big impact in his rights. However, rights to defence is obvious. Criminal investigation cannot make proofs but the suspect presence is necessary, esencially when there are felons evidences. Nevertheless with the criminal laws reform, a new procedure breaks the constitutional guarantees because allows the punishment without suspect’s statement.

 In this article, we analyse the seminal work on the care of the poor of three Spanish thinkers from the 16th century; Juan Luis Vives, Domingo de Soto, and Juan de Robles. Although the concept of “social rights”, as we understand it today, was not explicitly developed in their work, it could be argued that all three authors designed the basic principles underlying the concept of social rights: individual freedom, equality, respect for the human dignity of the poor, and State intervention. We also discuss the ideological context in which the authors developed their work.

This study focusses on the critical analysis of current Spanish Protection of Witnesses and Experts Law, highlighting several legal issues and questions which often emerge in legal practice or that have been publicly denounced. It is our purpose to cover all individuals who may concern, with the accurate technical thorough- ness in order to be useful to those who deal with said law in their field of expertise. The aims are to answer arose questions about who, where, when and how this protection is developed.

The objective of this research is to identify doctrinal and legal parameters for the regulation of the adoption of the unborn child in Ecuador, putting on discussion the problematic about the parents who wish to voluntarily give the unborn child to others as a result of an adverse life situation according to legal parameters. Therefore, the other people or the state would take care of him or she in accordance with the Principle of the Superior Interest of the child. The Ecuadorian state rejects this form of adoption, taking as a regional reference to Chile that has this legal status in order to prevent the violation of the children rights at birth and be institutionalized in a long wait for a family based on the Universal Declaration of Human Rights and more international instruments for the protection of rights, which recognize as a human right being part of a family. Through an exploratory approach and analyzing specialized literature, national and international legal regulations it is very clear that the adoption in Ecuador as a legal institution needs a profound revision. Therefore, is intended to strengthen the rights of the unborn child through the proposed.

In July 2016, the Wisconsin Supreme Court issued a ruling that is set to become history. For the first time a court of such importance used an intelligent algorithm to grade a defendant punishment. This opened a new era in which we, the jurists, will have to begin to discuss the changes that this impressive technology will introduce in our way of shaping the Law. This article aims to contribute to this exciting task by undertaking an absolutely transcendental discussion on a key topic: the constitutionality of the use of mechanisms related to artificial intelligence in criminal procedure. To this purpose, we will emphasize the importance of the right to due process and the implications that the respect of this provision implies for the issue at stake.

In 1793 Guipuzkoa maintained a specific local regime and institutions collectively called “régimen foral” that provided For a particular tax system along with a number of customs and duties to pay for the defense of its borders and its King. Likewise, the Towns maintained their own tax system to cover their needs and contribute to the Province’s expenses, as agreed by the local governmental body called the “Junta Provincial”. The Towns on the one hand, and the Province on the other, each paid their share of the war expenses, using their own finances. Due to the financial collapse of the Province, it had no other choice but to ask the Bishop of Pampelune and Calahorra to hand over the silver and jewels belonging to the local Churches and Convents, which would be returned, in order for the Province to obtain the necessary resources to finance both the war against the French invader, together with the King’s army.