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Organic Law 5/1985 of 19 June on the General Electoral System and Its Modifications
Regulations regarding jurisdiction of the Electoral Census Office in electoral processes Organic Law 5/1985 of 19 June on the General Electoral System and its modifications. Articles 2, 3.2 and 75 Article 2 1. The right to vote corresponds to Spanish people of legal age who are not included in any of the cases set out in the following article. 2. In order to vote, registration in the current electoral census is essential. 3. In the case of municipal elections, including elections to inter-island councils, to the Council of Valle de Arán and to General Councils, it is essential to be recorded in the Electoral Census of Spaniards resident in Spain in order to exercise them. Article 3.2 Those declared to be incapacitated by a court ruling are not entitled to vote, so long as the ruling expressly states incapacity to exercise entitlement to suffrage. Article 75 1. In elections for members of Parliament, Senators, members of the Legislative Assemblies of the Communities of Ceuta and Melilla and Members of the European Parliament, when in the latter case the person opts to vote in Spain, Spaniards recorded in the census of absent voters living abroad must submit their application to vote via official form, sent to the corresponding Provincial Delegation of the Electoral Census Office, no later than the twenty fifth day following calling of the election. Said form shall be sent to those Spaniards registered in the aforementioned Census, notwithstanding it shall be available starting the day following the electoral convocation in the consulates, and may be obtained electronically. -
The Fragility of Gender Equality Policies in Spain
social sciences $€ £ ¥ Article The Fragility of Gender Equality Policies in Spain Octavio Salazar Benítez Public and Economic Law Department, University of Córdoba, Plaza de Puerta Nueva, s/n, 14002 Córdoba, Spain; [email protected] Academic Editor: Nancy Naples Received: 15 December 2015; Accepted: 20 April 2016; Published: 26 April 2016 Abstract: Within the last decade, Spain has become a model in legislative policies for gender equality at the international level. However, the economic crisis has led to a growth in inequality, which has revealed the weaknesses of the adopted instruments. Despite the large amount of legislation in this area, the social reality has not changed at all, even experiencing a setback over the past few years. This situation was exposed in our country by a report issued in 2015 by the UN Committee on the Elimination of Discrimination against Women (CEDAW). This report showed the negative effects of the economic crisis and austerity policies on women, even in a context necessitating increased efforts towards women’s rights. Therefore, it is imperative that the concept of gender mainstreaming and the adoption of instruments of “hard law” be revisited. The goal should be to achieve gender justice based on three elements—distribution, identity, and representation—and a real parity democracy. Keywords: equality; gender mainstreaming; hard law; justice; economic crisis; parity democracy 1. Introduction In Madrid on 12 May 2009, the Committee of Ministers of the Council of Europe, in the Declaration “Making Gender Equality a Reality”, highlighted that “the legal status of women had improved over time, but that 20 years after, its Declaration on equality of women and men (Council of Europe, 1988), bridging the gap between gender equality in fact and in laws is still a challenge for its member states.” However, that gap has grown in recent years in Europe: “The European Economic Recovery Plan” does not mention the concepts of “gender”, “equality” or “women”, despite the discrepancies of gender for women and men in the crisis. -
Summary Report of Actions Taken by the Catalan Ombudsman Regarding the Day of October 1, 2017
SUMMARY REPORT OF ACTIONS TAKEN BY THE CATALAN OMBUDSMAN REGARDING THE DAY OF OCTOBER 1, 2017 NOVEMBER 2017 SUMMARY REPORT OF ACTIONS TAKEN BY THE CATALAN OMBUDSMAN REGARDING THE DAY OF OCTOBER 1, 2017 NOVEMBER 2017 Síndic de Greuges de Catalunya 1st edition: November 2017 Summary report of actions taken by the Catalan Ombudsman regarding the day of october 1, 2017. November 2017 Layout: Síndic de Greuges Original design: America Sanchez Cover picture: © Pixabay INDEX INTRODUCTION . 5 1. EVENTS PRIOR TO OCTOBER 1ST . 7 1.1. Freedom of assembly and expression . .7 1.2. Lack of proportionality in actions of the Prosecutor’s Office . 7 1.3. Arrests of elected officials and various searches . 10 1.4. Intervention of the Autonomous Catalan Government . .11 1.5. Constitutional Court fines levied against members of the Electoral Commission of Catalonia . .12 2. THE DAY OF OCTOBER 1ST . 13 3. COMPLAINTS AND QUERIES RECEIVED IN THIS PERIOD . 15 4. EVENTS FOLLOWING OCTOBER 1ST . 17 4.1. Proposal for dialog and investigation . 17 4.2. Order for pretrial imprisonment of Catalan National Assembly and Òmnium Cultural presidents . 18 4.3. Application of Article 155 . 18 4.4. Criminal indictment of the dismissed government and Presiding Board of Parliament . 19 SUMMARY REPORT OF ACTIONS TAKEN BY THE CATALAN OMBUDSMAN REGARDING OCTOBER 1, 2017 5 INTRODUCTION take a number of positions, always with the purpose of protecting respect for human rights and fundamental freedoms and In the month of April, 2017, the Catalan making repeated appeals for a start to Ombudsman filed in the Parliament of political dialog to resolve the conflict. -
Constitution
THE SPANISH CONSTITUTION Passed by the Cortes Generales in Plenary Meetings of the Congress of Deputies and the Senate held on October 31, 1978 Ratified by the spanish people in the referendum of December 7, 1978 Sanctioned by His Majesty the King before the Cortes on December 27, 1978 I N D E X Page CONSTITUTION PREAMBLE .............................................................................................................. 9 PRELIMINARY PART ................................................................................................... 11 Part I. CONCERNING FUNDAMENTAL RIGHTS AND DUTIES ................................ 12 Chapter One. Spaniards and Aliens ......................................................... 12 Chapter Two. Rights and Liberties............................................................ 13 Section One. Fundamental Rights and Public Liberties .......................... 13 Section Two. Rights and Duties of Citizens ................................................ 17 Chapter Three. Principles governing Economic and Social Policy .......... 19 Chapter Four. Guarantees of Fundamental Rights and Liberties ........... 21 Chapter Five. Suspension of Rights and Liberties.................................. 22 Part II. The Crown..................................................................................... 22 Part III. The Cortes Generales ................................................................... 25 Chapter One. The Houses of Parliament ................................................ 25 Chapter Two. -
Forty Years from Fascism: Democratic Constitutionalism and the Spanish Model of National Transformation Eric C
Golden Gate University School of Law GGU Law Digital Commons Publications Faculty Scholarship 2018 Forty Years from Fascism: Democratic Constitutionalism and the Spanish Model of National Transformation Eric C. Christiansen Golden Gate University School of Law, [email protected] Follow this and additional works at: https://digitalcommons.law.ggu.edu/pubs Part of the Comparative and Foreign Law Commons, and the Constitutional Law Commons Recommended Citation 20 Or. Rev. Int'l L. 1 (2018) This Article is brought to you for free and open access by the Faculty Scholarship at GGU Law Digital Commons. It has been accepted for inclusion in Publications by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. ARTICLES ERIC C. CHRISTIANSEN* Forty Years from Fascism: Democratic Constitutionalism and the Spanish Model of National Transformation Introduction .......................................................................................... 3 I. Constitutional and Anticonstitutional Developments in Spanish History ......................................................................... 6 A. The Constitution of Cádiz .................................................. 7 B. The Constitution of 1931 ................................................... 9 C. Anticonstitutionalism: The Civil War and Francoist Spain ................................................................................ 10 D. Transitioning to the Transformation ................................ 15 II. A Modern Spanish -
Mr. Nils Muižnieks Commissioner for Human Rights of the Council of Europe
Mr. Nils Muižnieks Commissioner for Human Rights of the Council of Europe The undersigned organizations are writing to urge you to use your mandate to make an urgent appeal to the Spanish government to withdraw proposed changes to Spanish immigration law that would facilitate summary returns from Spain’s enclaves in North Africa in violation of European and international human rights law. On October 22, 2014, the Popular Party Parliamentary Group (Grupo Parlamentario Popular) tabled an amendment to the draft Law on Public Security currently being debated in Congress that would modify Organic Law 4/2000 on the rights and freedoms of foreigners in Spain and their integration. The proposed change reads (the amendment in Spanish is attached): “Additional Disposition 10. Special regime for Ceuta and Melilla Foreigners detected on the boundary line of the demarcation of Ceuta and Melilla attempting an unauthorized crossing of the border in a clandestine, flagrant or violent way, shall be rejected in order to prevent their illegal entry into Spain”.i We are deeply concerned that the amendment would lead to indiscriminate summary and collective expulsions of migrants without an effective remedy. The amendment would allow rejecting individuals at the borders of Ceuta and Melilla without detailing how these would be carried out or providing for any procedural safeguards. The failure to clearly define the “rejection” procedure and lack of any human rights guarantees will deprive asylum seekers of access to the asylum procedure in Spain and could result in refoulement. It could expose both migrants and asylum seekers to the risk of torture or cruel, inhuman or degrading treatment in Morocco. -
Organic Law 6/2002 of 27 June, on Political Parties. MOST CONSULTED
(https://www.facebook.com/NoticiasJuridicasOficial) (https://www.linkedin.com/company/noticias-jur-dicas) (https://twitter.com/NotisJuridicas) (http://noticias.juridicas.com//feeds) (http://noticias.juridicas.com/) (/)Legal News (/) Legislation Organic Law 6/2002 of 27 June, on Political Parties. File Versions / revisions File: Body Head of State Published in BOE (STATE OFFICIAL NEWSLETTER) no. 154 of June 28, 2002 (2002‐06‐28) Effective from June 29, 2002. The current revision from April 1, 2015 MOST CONSULTED The CGPJ approves the Regulation 1/2016, developmental status of Territorial Secondment Judges and Judges in Expectation of Destination (http://noticias.juridicas.com/actualidad/noticias/11468-el-cgpj-aprueba-el-reglamento-1-2016-de-desarrollo-del-estatuto-de-los-jueces-de- (http://noticias.juridicas.com/actualidad/noticias/11467-el-tc-presenta-su-nueva-pamp;aacute;gina-web-que-incluye-un-manual-sobre-el-recurso-de-amparo-/) (http://noticias.juridicas.com/actualidad/noticias/11465-black-friday:-consejos-para-comprar-online-de-forma-segura/) (http://noticias.juridicas.com/actualidad/noticias/11452-europa-pide-a-espaamp;ntilde;a-que-elimine-restricciones-en-determinadas-profesiones-juramp;iacute;dicas/) RECOMMENDED LIBRARY (/sys/log.php?tipo=libro&id=415&enlace=https://tienda.wolterskluwer.es/p/el-proceso-de-ejecucion-forzosa?utm_source=noticias%20juridicas&utm_medium=carrusel&utm_campaign=nnjj) (/sys/log.php?tipo=libro&id=415&enlace=https://tienda.wolterskluwer.es/p/elprocesodeejecucionforzosa? utm_source=noticias%20juridicas&utm_medium=carrusel&utm_campaign=nnjj) -
Law 4/2015, of 27 April, on the Standing of Victims of Crime 2016
LAW 4/2015, OF 27 APRIL, ON THE STANDING OF VICTIMS OF CRIME 2016 Edita Ministerio de Justicia Secretaría General Técnica NIPO 051-16-008-8 ISBN 978-84-7787-436-2 Traducción Linguaserve Maquetación Subdirección General de Documentación y Publicaciones [email protected] San Bernardo, 62 28015, Madrid El presente texto es una traducción de un original en castellano que no tiene carácter oficial en el sentido previsto por el apartado 1º) artículo 6 del Real Decreto 2555/1977, de 27 de agosto, por el que se aprueba el Reglamento de la Oficina de Interpretación de Lenguas del Ministerio de Asuntos Exteriores y de Cooperación. Esta traducción corresponde al texto consolidado extraído del Boletín Oficial del Estado, siendo su última actualización el 28 de abril de 2015. LAW 4/2015, OF 27 APRIL, ON THE STANDING OF VICTIMS OF CRIME W Ley 4/2015, de 27 de abril, del Estatuto de la víctima del delito Colección: Traducciones del Derecho Español Ministerio de Justicia. Publicaciones Catálogo de Publicaciones LAW 4/2015, OF 27 APRIL, ON THE STANDING OF VICTIMS OF CRIME FELIPE VI KING OF SPAIN To all by whom these presents shall be seen and understood. Know this: That the Spanish Parliament has approved and I do hereby enact the following law: PREAMBLE I The purpose of making a law establishing the legal standing of victims of crime is to offer as broad a response as possible from the public authorities, which not only repairs damage in the context of criminal proceedings, but also minimises other traumatic emotional effects which the victims’ situation may produce, regardless of their position in the case. -
OMBUDSMAN LEGISLATIVE RESOURCE DOCUMENT By
OMBUDSMAN LEGISLATIVE RESOURCE DOCUMENT by Dean M. Gottehrer © 1998 Dean M. Gottehrer OCCASIONAL PAPER #65 March 1998 ISSN 7116349 International Ombudsman Institute Room 205 D Weir Library, Faculty of Law University of Alberta, Edmonton, Alberta, T6G 2H5, Canada. Introduction Dr. Marten Oosting President of the International Ombudsman Institute In this Occasional Paper the results are presented of a project which consisted of collecting and arranging information from various pieces of legislation from around the world that create ombudsman institutions. The objective of the project was to establish an Ombudsman Legislative Resource Document, in the interest of anyone who contemplates the establishment of an ombudsman and is interested in information that could be of use for the drafting of legislation. The project also aimed to be of relevance for newly established ombudsman offices that are interested in information with the character of a checklist. The project has been carried out by Dean Gottehrer, who is a past President of the United States Ombudsman Association and has worked recently as an international consultant in the field of ombudsmanship. The Canadian International Development Agency (CIDA) has made the project financially possible. The International Ombudsman Institute acknowledges with gratitude this support from CIDA. A draft of the results of the project has been discussed by the Board of Directors of the 101 at its annual meeting, October 13-15, 1997, in Copenhagen, Denmark. The Board resolved that the work of Mr. Gottehrer fully meets the purposes and that it should get wider circulation, as an KM Occasional Paper. However, the Board and Mr. Gottehrer want to prevent a possible misunderstanding of the document. -
An Organic Law Theory of the Fourteenth Amendment: the Northwest Ordinance As the Source of Rights, Privileges, and Immunities
THE YALE LAW JOURNAL MATTHEW J. HEGRENESS An Organic Law Theory of the Fourteenth Amendment: The Northwest Ordinance as the Source of Rights, Privileges, and Immunities ABSTRACT. Since the ratification of the Fourteenth Amendment in 1868, judges and scholars have struggled to coherently identify the rights, privileges, and immunities that no state should abridge. Debates over the ambit of the Fourteenth Amendment, however, have consistently overlooked a crucial source that defines the fundamental civil liberties of American citizens. The Northwest Ordinance of 1787 contains in its Articles of Compact a set of rights that constituted the organic law - the fundamental law - of the United States. Rather than limiting federal power like the Bill of Rights, the Northwest Ordinance enumerates those rights that no state shall abridge. Not only should these rights qualify for protection under the Due Process Clause of the Fourteenth Amendment, but they also give substance to the terms "privileges" and "immunities" as used and understood by Americans throughout the nineteenth century. This Note chronicles how the rights in the Northwest Ordinance spread, through various acts of Congress, from the Northwest Territory to all corners of the United States. These rights were integral to the organic law of twenty-eight of the thirty states (a supermajority) that ratified the Fourteenth Amendment by 1868. In addition, the admission of new states into the Union was often predicated on two conditions that state constitutions had to satisfy: they had to be republican and not repugnant to the principles of liberty in the Northwest Ordinance. Once they acquired statehood, however, new states were free to change their constitutions and violate the fundamental civil rights enumerated in the Ordinance. -
Spanish Organic Law 2/2012 of 27 April, on the Budget Stability
CONSOLIDATED LAW Organic Law 2/2012 of 27 April 2012 on Fiscal Stability and Financial sustainability. The Head of State Spanish Official Gazette (BOE) No 103, 30 April 2012 Reference: BOE-A-2012-5730 CONSOLIDATED TEXT Most recent amendment: 21 December 2013 JUAN CARLOS I KING OF SPAIN To all those who see and hear these presents. Be it known: That the Cortes Generales have passed, and I am pleased to sanction the following organic law. PREAMBLE Fiscal stability, as enshrined in the Constitution, is a basic premise for growth and job creation in the Spanish economy, in order to guarantee public welfare, create opportunities for entrepreneurs and offer a future outlook of greater prosperity, fairness and solidarity. Safeguarding fiscal stability is an indispensable instrument for achieving this objective, both in terms of assuring adequate funding for the public sector and the quality public services that underpin the welfare state, and in terms of offering assurance to investors as to the capacity of the Spanish economy to grow and meet our commitments. The process of fiscal consolidation and reduction of public debt which qualified Spain to accede to the European Economic and Monetary Union was one of the principal assets underpinning the long period of Spanish economic growth up to 2008. However, that year saw the onset of a world-wide economic crisis, which was particularly severe in Europe and whose effects were further aggravated in our own economy by the high rate of unemployment, the highest of all the OECD countries. The sharp deterioration of public finances since that year swiftly left the country without any room for manoeuvre in fiscal policy and is now forcing it to undertake severe adjustments in order to return to a situation of budgetary balance and honour Spain's commitments to the European Union. -
Constitutional Restriction of International Agreements in France Gerald L
\\jciprod01\productn\C\CIN\45-2\CIN201.txt unknown Seq: 1 2-MAY-12 14:39 The Brakes that Failed: Constitutional Restriction of International Agreements in France Gerald L. Neuman† Can constitutions successfully constrain the exercise of the treaty power? This article examines the French Constitution of 1958 as a case study. The founders of the Fifth Republic drafted provisions intended to protect national sovereignty, as the Gaullists understood that concept, against inroads resulting from international agreements. Looking back fifty years later, it is clear that those protective efforts did not succeed. The sequence of events by which the constraints were loosened or evaded may represent one nation’s particular his- tory, but they illustrate the limited capacity of constitutional restrictions to control international commitments in the long term. I. The Constitution of the Fifth Republic.................... 259 R II. Constitutional Restrictions— In Theory ................... 263 R A. Article 55 and Treaty Enforcement ..................... 263 R B. The Uncertain Legacy of the 1946 Preamble ........... 265 R C. Article 54 and Treaty Ratification ...................... 267 R III. Constitutional Restrictions— In Practice................... 271 R A. Prior to the 1992 Maastricht Amendment .............. 273 R 1. Article 54: Procedure ............................... 273 R 2. Article 54: Substance ............................... 278 R a. Step One...................................... 279 R b. The Crossroads of 1976 ....................... 281 R c. The Road to Maastricht ........................ 289 R d. The First Maastricht Decision.................. 294 R e. The Distance Traveled ......................... 299 R f. Postscript: Maastricht II and III ................ 300 R 3. The Reconstruction of Article 55 .................... 304 R a. Article 55 and Subsequent Statutes ............ 304 R † J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, Harvard Law School.