Tuesday, July 14, 2009

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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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