Some features of the law and order model in Spain

This research is based on the hypothesis that law and order model is displacing the procedura justice system in Spain. After a thorough review of the international literature, one can observe that the traditional structure of the penal system does not seem to be capable of containing the new forms of crime. The new penal model assumes that public opinion is alarmed and unwilling to understand rational approaches to crime, so it will be likely to accept measures aimed at calming the fear of crime, through extensive control policies and penal tools to manage uncivil behavior. Objectives and methodology A measuring instrument has been developed to confirm this hypothesis, consisting of ten features that characterize the law and order model. This instrument has been used to identify examples of its ten features in the rules and practices developed at each phase of the Spanish criminal justice system. The analysis has focused specifically on public discourse about delinquency, criminal policy decisions, legislative processes, police routines, judicial dynamics, and prison system practices. Main results The investigation has shown that there are many processes and practices indicating that the law and order model is consolidating itself in the Spanish penal system. Nevertheless this process has a different intensity at each phase, being stronger at the legislative stage and softer in the penitentiary enforcement phase. One of the main conclusions is, therefore, that the designed instrument is ideal for measuring the degree of penetration of the model throughout the system. Some of the most striking results of the reasearch will be presented at the conference. Finally, proposals arise that could prevent the new model is fully seated in our criminal justice system, finding that the trend toward more severe penalties shown already unsustainable.

The Regulation of Competition and Innovation in the European Union and Spain: Opportunities for the Philippines and the ASEAN

The Philippines are currently facing a process of regional economic integration inside the ASEAN, in some way similar to the process undertaken by Spain and the European Union decades ago. Since January 2016, the ASEAN has become a Common Market, for whose effective achievement Competition and Innovation Law and Policies may play a crucial role. The scope of these pages is to overview the importance of the regulation in these issues and the promotion of competition within the member States throughout the process of regional economic integration. Then, we will consider the role that Competition and Intellectual Property Law and Policies have played in the construction of the European Union, and we will point out some current challenges that are still to be faced. Finally, we will offer some comparative conclusions considering the importance that these norms and policies will have in the construction of the ASEAN as an economic integrated area, and the way the ASEAN might follow the footsteps set by the European Union in its integration process.

Discrimination in the Private Sphere. A subjective Right or a Legal Abuse. An European North American Legal Comparative Study

En el presente trabajo se estudian los límites de la autonomía privada desde la perspectiva del derecho a la igualdad y del principio de no discriminación tanto en el derecho norteamericano como en el europeo, con especial incidencia a la doctrina española. Por un lado se plantea si la piedra angular a la hora de establecer límites a la autonomía privada debe ser el concepto de dignidad o el de igualdad, por otro superando dicho debate se propone un acercamiento al problema entendido como una colisión entre derechos fundamentales en la que en cada concreto supuesto ha de estudiarse cual debe prevalecer. Finalmente se estima conveniente seguir el modelo de la Constitución de Sudáfrica y entender que los derechos fundamentales afectan directamente tanto a las relaciones horizontales como verticales, es decir tanto al ámbito público como privado.