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The doctrine is on vacation

Indeed, the inspiration has abandoned the doctrine because of the bonne Vie Parisienne and more or less good time. However, again soon.

I leave you with the number 1 of the 2009 law promoting the UPF:





For those who thought this blog was serious.

I hope everyone is having a nice holiday!

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Hello! As today

July 14 might have been more appropriate to today's post last week, but hey, what's done is done. I hope you are all well, Paris is all great, but I started French lessons yesterday and I subjonctif resists.

Well, first of all let me give a couple or three news. The first is that I am now officially licensed. This morning has left the last note and confirmed the prognosis. The next step in my master plan is to send the request to the hall of Madrid, to see if I get caught. The second news is that it seems that has been shown that swearing helps to reduce the sensation of pain, so you already have the excuse that need. The third news is that I've joined the blog contest from 20 minutes (cove, cove), more than anything else to do something. If you want to vote for me I have to register and the whole bit, so I will not force you, but if you fancy, please, do not cortéis.

Finally, the do we come to today's topic, a topic where they exist right: retroactivity. To not change is much more mundane than Michael Jackson moonwalk (rest in peace), though no doubt it would qualify for retroactive in any sense (very convoluted). Retroactivity in law is the mechanism by which a standard , whether an international treaty, a law or regulation, applies to cases prior to its entry into force . Retroactive law, for example, would be one that was adopted on 14 July but is applicable to cases from 1 January. Since we are talking about the effectiveness of the general rules of retroactivity can be seen in all branches of law, though possibly be discussed mainly in criminal law. Moreover, each branch governs the retroactivity differently.

And I must ask, well, what else me it gives me. Well, a lot! Rollback can be very dangerous and will, in principle, contrary to legal security. It may be easier to continue the previous example: imagine that the law passed on July 14 says those who wear a yellow jersey will be punished with 200 € fine. Now imagine that on March 4 in a video went on TV wearing a yellow shirt. Of course, if the law is applicable from 1st January, 4 March I was breaking the law and in principle should pay the 200 eurazos fine. Does it seem fair? No, of course not. For I on March 4 could not know you could not carry yellow jersey. Have known could have decided to get another shirt, but as the norm would not be approved until after 4 months it was impossible. To avoid this, "(...) The Constitution guarantees the non-retroactivity of punitive provisions are not favorable or restrictive of individual rights, legal security ..." (Article 9.3 EC ). It is a guarantee more to prevent the arbitrary exercise of power and more abstract to ensure the effectiveness of law.

However, do not leave thinking that retroactivity does not happen ever. In Spain, as elsewhere, there are many laws retroactive, but now I do not come to mind any examples. Does anyone think of anything? Do Please comment, go.

And here's post today. We will leave shortly to go floor to see the fireworks from the Eiffel Tower.

See if you were going to think that a vacation was to stop writing about right. Ja!

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INDEPENDENCE OF JUDICIARY THE CHALLENGE IN QUESTION

About practice law. Law students. And in general all the citizens who possess a crystal culture, we know that the power to administer justice emanates from the people and exercised by the judiciary through its hierarchical organs under the Constitution and the law (Article 138 first paragraph our Constitution). Also the art. 2 of the Consolidated and Order of the Judicial Power Organic Law stipulates that the Judiciary is independent functional exercise in political, administrative, economic, disciplinary independent in court, subject to the Constitution and the aforementioned law and art. 184 of the Organic Act in question, said the duties of judges incs. 1, 2 and 3.

It is also essential that marks the art. 139 of the Constitution which says, are principles and rights of the judicial function "inc 2 the independence of the judicial function."
That being so before the bombshell this week, that the Third Special Anti-Corruption Board Superior Court of Lima, has decided to vary the extent of personal coercive detention, that of comparescencia with the restriction arrest the accused Romulo Leon Alegria, we wonder, if the lords justices of that Upper Room, have worked to make its decision taking into account the rules before and above all be glossed acted independently ? will primacy the Constitution and Laws ? "will come to light his conscientious approach fair and transparent? have been taken into account the fundamental human right which marks the inc. 2 of art. 2 of the State Constitution which states that everyone has the right to equality before the law ?.

These and many other questions is what is making the people with this unusual and unique judicial decision. What's more, he wonders, will do well in this branch of the State, this decision ?. Most people said that this variation of the detention to house arrest the accused mentioned above, it does no good to the operators of the administration of justice. Unlike harms not only confirms that not given a true administration of justice, but confirms and corroborates that there is no equality when the judges make their judgments. In other words, it develops a management elitist justice, taking into account the economic power, social relations, political relations and other exogenous factors, which only ever lose more credibility and confidence of the people towards the Judiciary.

That so far the people are asked what are the grounds on which two of the three judges who make up this room voted for change of custody to house arrest? Because it is public knowledge as the defendant in question had escaped and made only after several days right after allegedly having negotiated his surrender. Suspicions and facts that put in question the independence of the judiciary, which as you know public opinion is now being dominated by operators of the right-leaning APRA, and even more with the President of the Superior Court APRA, as he himself has stated on numerous occasions .

will have been done independently by the Upper Chamber ?, You thinks .. What is your opinion?. Surely there will be different answers. Some are in favor and others against this ruling. But the truth is that for us has not acted with due independence from the lords justices, but, there is a subtle political pressure, being in the background and discipline that is imperative within the ruling party. Furthermore the Board has resolved this measure consists of a sitting superior, and the other a temporary and an alternate, more plausible factors that make the perception that there has been political pressure on these judges, taking into account that the President of Superior Court is who appointed temporary judges and alternates, depending on him and only him his tenure. Explains why this decision because of having been made this room for three Board Members, we are confident that another would have been the song as some songwriters and we would not see that the judiciary instead of being reassessed for their independence and impartiality, will increasingly losing respect and credibility.