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This paper provides a critical review of the measures that have recently been adopted in the Spanish legal system with the aim to avoid that the declaration of child victims of sexual violence may result in a short of secondary victimization. In this way, we support the implementation of the pioneering Barnahus model, taking into account that it is an empirically validated and highly effective system that responds to two major challenges of our criminal procedure system: reducing the sources of secondary victimization for the minor victim and offering greater guarantees of obtaining a testimony in safe and calm conditions, while it ensures a fair balance between the rights and interests that converge in the process. [ABSTRACT FROM AUTHOR]

The health emergency caused by COVID-19 has led to the legal «resurgence» of the clause rebus sic stantibus as a tool that makes it possible to modify contractual relationships and achieve a balance between the services rendered by the contracting parties, a balance which had come to a sudden end with the onset of the pandemic. The renewed operability of the rebus clause has a direct impact on the judicial system as it has resulted in a proliferation of lawsuits aiming to modify contracted legal obligations. The aim of the present paper is to respond to the practical questions raised in the daily life of our judicial bodies, which have to deal with claims from members of the general public or companies seeking, during an eviction trial, to reduce their economic burden or release them from it by applying the rebus clause. This can raise procedural questions that condition both the judicial response and the procedural processing, and which legal operators have to deal with on a daily basis. [ABSTRACT FROM AUTHOR]

This paper analyzes the state of implementation of Digital Justice at the national level, from the legislative efforts embodied in Law 18/2011, which regulates the use of ICTs in the Justice Administration, up to the current draft of the Digital Efficiency Law. . The future law will mean not only the definitive establishment of the digital judicial process but also the application of automated judicial action. If this happens, from dogmatics it will be necessary to take into account a new procedural scenario and approach a new approach to certain procedural categories, conceptualize new ones, in addition to carrying out a review of procedural guarantees, for their strengthening. [ABSTRACT FROM AUTHOR]

In this paper, we focus on the procedural-criminal law of the enemy which is generally conceived as an exceptional criminal law and analyzed from the point of view of substantial criminal law and procedural law. In particular, we elaborate on the fact that since the criminal law of the enemy can be understood as a suspension –even if temporary and restricted in its application– of the typical guarantees of modern procedure law as well as an extension of the legislation in the Criminal Code which punishes conducts that does not directly violate any legal interest protected by the system, it may contradict the fundamental principles of modern criminal law. Finally, we conclude by arguing that the space actually occupied by the exception in our system is not that limited and therefore we try to seek a balance between the conflicting terms. [ABSTRACT FROM AUTHOR]

Rather than undertaking a detailed analysis on specific issues, the purpose of this paper is providing a clear and systematic overview of collective litigation and clearing up the fundamental features that should preside over its regulation in order to give an adequate answer to the main problems that plague legislators and scholarship in relation to the legal regime of collective actions, particularly in areas such as those related to procedural standing, to the coordination between the collective proceeding and the exercise of related individual actions, to the reach of res judicata etc. [ABSTRACT FROM AUTHOR]

In this paper, fi rst, we analyze the constitutional jurisprudence on the existence of contradictory judicial pronouncements about the same facts, and on the linking of a subsequent process to the declaration of proven facts of a previous process. Secondly, the different preventive techniques established to avoid this contradiction are listed. Third, the relationship between the positive or prejudicial effect of res judicata, and the link to the proven facts of a previous process is exposed. Finally, we reflect on the positive, binding or prejudicial effect of the declaration of proven facts of the criminal judgment in another subsequent proceeding. [ABSTRACT FROM AUTHOR]

The aim of this paper is to analyze the problems that may arise from the issuance, by a Spanish criminal judge, of a European Investigation Order to request evidence and/or investigative measures from another Member State of the European Union, with the purpose of incorporating them later to the Spanish criminal process. [ABSTRACT FROM AUTHOR]

On paper, no one doubts the significance that lines the motivation, at the same time, (judicial) duty and right (for the defendant). However, in practice, often one can encounter cases of merely apparent motivation -formal-, but that does not withstand rigorous critical analysis and cannot be identified with a real motivation -material-. Possible causes for this phenomenon obeying are explored in this paper. And, among all of them, it has been chosen, as an object of this study, the absence of clear standards and targets to respond to the questions «what is there to motivate?» and «how much (or how intensely) should be motivated a decision of this kind?» A few guiding rules are proposed, in order to provide an answer to both questions. Upon these bases, it is reviewed the most common type of deficits in justification, in forensic practice. [ABSTRACT FROM AUTHOR]

In this paper we analyze the legal institution of the settlement agreement as an alternative system for conflict resolution, as well as its legal regime. And to this effect, we emphasize the interpretation of the transactional agreements, the limits of the authority of res judicata of any settlement agreement, as well as the necessary incompatibility between the legal institution of the settlement agreement with that of unjust enrichment, among others. Finally, we address the issue of how to negotiate a transactional agreement, in light of the theory of negotiation. [ABSTRACT FROM AUTHOR]

The limitations of institutional bodies responsible for administering justice affect the coexistence and social peace. Therefore, contemporary societies have delineated mechanisms to negotiate conflicts and prevent these are expressed through other ways, such as violence. Develop concerted ways that increase social cohesion is a requirement of democratic society. Mediation Electronics is presented as an appropriate instrument to perform procedures that expand access to justice to citizens among them. This paper is part of research promoted by the University of Salamanca on electronic mediation. [ABSTRACT FROM AUTHOR]

Purpose of this research is the analysis of the possible connections between the final decision and the judicial truth descending from it. The paper draws a picture on the notion of judicial truth, meant as a result of the evaluation of the themes of the prosecution through the validation of evidence introduced by the parties. Legal certainty and reliability of the final judgment on the merits, no longer subject to further revision, are examined in order to define normative and axiological foundation of the truth arising from the res judicata. In this perspective, the strict respect of the procedural safeguards set forth by the law is not always a sufficient condition for a fair decision, since it does not necessarily aim at the search for truth that the due process model requires presupositum (in which the burden of proof is included) explaining their differences with the presumptions. [ABSTRACT FROM AUTHOR]

Supreme Courts do not play a clear and truly effective role anywhere. There are different models of supreme court, some more «legislative» and some others more judicial, but nobody has been able to fi nd the key of how to set an organ which undoubtedly purpose were the preservation of the Law. As Law is a product of the legislature, and not the judiciary, the paper presents the possibility of replacing the supreme court by a paralegislative body that actually fulfilles this role of preserving the Law. [ABSTRACT FROM AUTHOR]

Spanish Constitution states in its article 106 the patrimonial responsibility of the Estate which is born of normal or abnormal functioning of Public Services. And, moreover, it establishes in its article 121 a specific system of liability of the State when acting as a Judge, by which damages caused by a judicial error or born as a consequence of abnormal functioning of Administration of Justice will give the right of a compensation in charge of the State, according to the Law. The goal of this paper is to study the rules which regulate the different cases which create the direct liability of the State, caused for the functioning of Administration of Justice (articles 292-294 LOPJ). [ABSTRACT FROM AUTHOR]

Ideally, rights recognised on a substantive level should have an avenue for relief and protection via the state legal system. In practice, no country in the world has been able to ensure such wide protection due to the lack of resources across the board to develop a system which is truly accessible. In particular, delays and costs are impediments to achieving access to state justice, and have prompted the quest for alternative systems / solutions of ensuring the protection of tights. delays and costs are important factors, however, significantly, the search for and growing popularity of ADR is also spurred by the common desire to have greater involvement in the actual process of resolution - access to justice in terms of the shared conduct of a dispute, both at a substantial as well as at a procedural level. this participatory approach may be achieved via arbitration (where the parties commit to accepting to a decision imposed upon them which shall be final and biding) or mediation (where the parties choose their mediator, with the guarantee that a solution will not be imposed upon them, but reached by themselves, working together). The European union's interest in ADR, confirmed in the draft (Proposed) directive of the European council Parliament on mediation in both civil and commercial matters approved in March 2007 (dealing just with voluntary mediation) which is discussed in this paper, has since been passed as a directive: "directive 2008/52/ec of the EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 21 May 2008 on certain aspects of mediation in civil and commercial matters." [ABSTRACT FROM AUTHOR]