Las restricciones a la libertad de reunión en relación con las elecciones en españa y méxico

This article compares and contrasts the laws that restrict freedom of assembly in Mexico and Spain during elections and electoral campaigns. It analyzes the key decisions and precedents of the Constitutional Court of Spain, the Supreme Court of Justice of Mexico and the Electoral Tribunal of Mexico. It also examines the decisions of the European Court of Human Rights with regard to the freedom of assembly, noting that this Court typically defends citizens freedom of assembly in political contexts although it tends to favor States in contexts of extreme violence such as terrorism. The present article argues that electoral authorities are mistaken if they prohibit meetings out of the mere suspicion that during the event, public support may be expressed for or against a candidate. Electoral authorities should enforce the principle of “favor libertatis” when deciding on limitations on freedom of assembly in electoral contexts.     

La protección de los derechos fundamentales del deportista en la lucha contra el dopaje. Una visión desde el ordenamiento jurídico español

Doping is addressed in this paper from two different scopes: on one hand, the legal regulations for prevention and repression are studied; on the other hand, the clash between the anti-doping control mechanism and a fundamental right such as the athlete's privacy is noted. We start from the irrefutable fact that “awareness against doping” is practically universal. The enactment of this law was a milestone in the history of the fight against doping in the Spanish regulation. However, the problem arises when the anti-doping legislation worldwide and in Spain, which enables some healthcare professionals and other people involved, to carry out several anti-doping operations that may conflict with the athlete's fundamental right to privacy, all of this in a context of strong media and social impact. For this reason, it is pertinent to raise the issue if one of these operations, such as the duty of permanent localization, is sufficiently justified in terms of protecting the sportsperson's health.     

Mediación y jurisdicción voluntaria en el marco de la modernización de la justicia. una aproximación a la legislación española

The legal maxim Justice delayed is justice denied, but is now a reality. People demanding agility and require a solution promptly and fairly close to its interests, it is fitting that in a world dominated by technology, legal and administrative bureaucracy around the delivery of justice to maintain a slow pace. At the international level seek ways of economic and prompt settlement of disputes in this way are promoted among various legal means, first voluntary jurisdiction otherwise the mediation, it is both streamline procedures, however the legal for each is different. The analysis of the article focuses on the legal experience and valuing Spanish first draft Voluntary Jurisdiction Act and the Act on civil and family mediation to establish its various functions in search of an agile and real justice.     

La crisis de la deuda soberana y la reforma del artículo 135 de la constitución española

The following piece of paper is a critical approach to the amendment of the Article 135 of the Spanish Constitution, by means of which the principle of balanced budget and the restricting of the public expenditure are constitutionalized. This work consists of four different paragraphs: the first one, in which a chronological approach to the debt crisis in the Eurozone and the reform of the Article 135 of the Constitution are carried out; the second one, where the new features that the current Article 135 contain are presented; the third one, in which the critical analysis of the 2011 constitutional reform is now developed (around tour fundamental axes: content, procedure, time and purpose and significance); and the fourth one resulting with a number of final considerations.     

Las competencias urbanísticas y la planificación metropolitana en el estado autonómico español y en el federalismo brasileño

This article makes a comparative analysis between the Spanish and Brazilian Urban Law, from the perspective of territorial and urban planning. Taken the basis of the constitutional rules that distribute powers to public authorities of both countries, and also the main laws that regulate the matter, as the case of RD 2/2008 of 20 June, approving the revised Land Law (TR/08, in Spain) and the Statute of the Cities (Law No. 10.257, f June 21, 2001 in Brazil). Besides that, highlight some differences between countries, such as the structure of the States —Spanish Parliamentary Monarchy and Brazilian Federal Republic— that is not an impediment to enable countries to use the legal constructions of the other country to improve its own system, especially in the metropolitan issue.     

Venta y donación de órganos en la ley de ablación e implantes argentina: algunos problemas bioéticos

First, I do general observations about the influence of medicine on Ethics. Second, I analyze two arguments that have been given regarding the ban on the marketing of organ —ie., “the Kantian argument” and “the argument from exploitation” —. Then, I examine two standards of Argentina's Legislation on organ ablation and implantation. This paper propose to consider the reasons that should befound to support the sales ban organ; the called corruption objection (Sandel) and that the donation is justified provided that no control of this decision on other people (Seleme). Accepted this position, then it is argued that Argentina's standards limiting qualified individuals to donate organs, are not justified.     

La ley natural y su falta de determinación. apuntes sobre la teoría clásica de la determinación del derecho natural

In classical philosophy only a fragment of the legal system is natural law. The natural precepts are solely a little part of the normative system of civil societies. Even though the natural principles are the fundament of positives rules, the iusnatural norms are not sufficient for the regulation of all aspects of human life. They are “indeterminate”. This is the reason of the need the normative power of State, of judges and particulars.     

La mediación en casos de sustracción internacional de menores por uno de los progenitores y los acuerdos voluntarios Transfronterizos: El Caso Mexicano

The general goal of the present article is to provide a way of reasoning through a series of conclusions that may contribute to foster a frequently overlooked topic in Private International Law, we refer to the acknowledgement and enforcement of voluntary cross-border family agreements that may as well result in the creation of Soft Law instruments, such as the Guidelines for good practice in mediation. These are definitely enough reasons to try to spare children from irreversible damage arising from international family conflicts that could be mitigated — if not altogether deactivated— through cross-border voluntary agreements, acknowledged and enforced in all jurisdictions involved.     

El requerimiento notarial y su contestación como título ejecutivo del crédito: la confesión extrajudicial de la deuda

Requirement out of courtesy can come true for the creditor for legal process or out-of-court. The out-of-court reclamation he must get along well, in principle, like any halfback For the fact that the creditor demand the fulfillment to the debtor of his obligation to be this one defeated, liquid and exigible. He is interesting to the ends of our discourse in this order to pass remarks on the previous paths to claim payment of what they owe to us, doing especial emphasis in the notarial requisite and his plausible and ulterior executive property, in the event the creditor not see satisfied his credit for this form of reclamation and find himself specified to resort to legal action; When to become converted the act of requisite in half probatory term of possible extrajudicial confession of debt, SFA expressed or tacit, susceptible of immediate judicial execution.     

El principio de reconocimiento mutuo en el derecho de la unión europea según la cláusula de “plena fe y crédito” de la constitución de estados unidos

The paper shows a comparative analysis of the law of the united states of america (US) and the european union (EU) focusing on the principle of mutual recognition, which has served as a basis in order to achieve the enforcement of judicial decisions by the authorities of the different Member States. It illustrates the origins and evolution of this principle within the US legal system, as well as its recent implementation within the European integration system with the aim of creating a common space of freedom, security and justice. The paper lists and analizes a substancial number of legal acts adopted so far in the area of civil and criminal law. Furthermore, it highlights the influence the case-law of the US Supreme Court and the Court of Justice of the EU has had on the development of this principle. Moreover, it elaborates on the function of this principle as a nation-building element, raising the question whether this concept could be possibly transposed to a regional integration system with clear federal traits such as the EU.     

Balance y perspectivas de la reforma constitucional penal en méxico a cinco años de su publicación

The criminal constitutional reform in Mexico means cultural and epistemological rupture directed and supported by the realism and the legal guarantism. After the publication of the criminal constitutional reform on June 18, 2008, more than four years have passed, however, less than the 30 percent of the 31 States of the Republic and a Federal District, observe and apply this reform in a comprehensive way. Unfortunately, the obstacles are identified in: reluctance to change legal paradigms, i.e., conservation of the formalistic legal exegetical tradition through the mixed inquisitional criminal system; Lack of infrastructure, human and material; Absence of harmonization of laws, proposes the creation of a unique code of criminal procedure to see how effective and efficient the procedural criminal accusatory system oral and alternative means for dispute resolution, which guarantees the principles: presumption of innocence, due process of law, immediacy, advertising, contradiction and equality.     

Libertad de expresión y discurso homofóbico en méxico: ¿es correcta la teoría constitucional de la suprema corte?

The article discusses a recent decision by the Mexican Supreme Court whereby damage resulting from the use of discriminatory language may in certain cases appropriately counterweight freedom of speech. The ruling expresses thesis at three different levels, all of them relevant from the viewpoint of constitutional theory. First, it expresses a vision of the kind of exercise the Court should deploy when reviewing sentences in amparo: it is a maximizing vision that the author considers to be fundamentally correct. At a second and third level, with different degrees of specificity, it proposes a particular constitutional reading for the revision of the case at hand. On this count and given the relevant historic-constitutional context, the article celebrates the Court's willingness to counterweight free speech with antidiscrimination-based considerations, though in terms of the sub-rules of decision used to pin down the general reading it identifies both successes and failures.     

El libre acceso a la información,las innovaciones tecnológicas y la publicidad de los actos Procesales

This paper raises questions about the Brazilian legal system, which takes to an extreme the constitutional principle (the Publicity Principle) requiring publication of legal cases, and is unable to properly distinguish between the need to publish judicial decisions, and the publication of documents and texts produced by the parties, thus endangering the protection of personal data, and representing a possible security risk to the State and society as a whole.     

Las funciones de los consejeros independientes de las sociedades en México: Recomendaciones para el cambio a partir de las asimetrías existentes entre la práctica y la ley

The legal notion of an independent board member was introduced to the Mexican legislation in 2005. The goal was to improve the corporate governance of the corporations listed on the stock exchange. It was thought that including the independent board members would help to better represent the interest of the minority holders, as well as to increase the level of accountability. This article challenges these ideas based on 10 interviews carried out with independent board members. It finds that what the law says is far from what actuatly occurs: they lack of an adequate level of knowledge to perform their tasks, their degree of independence is severely limited by the criteria used to appoint them and they usually ignore essential corporate information, which impede them from participating effectively in the board sessions. The article suggests the creation of an independent board member’s association, a mechanism that, along with a mandatory certification system, would improve the way in which they perform their duties.