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«Conformidad» is a very old institution in the Spanish criminal procedure system, since it dates back to the 19th century. In recent decades it has experienced a notable increase in its application as a negotiated criminal justice mechanism, as a result of several modifications in the Law of Criminal Procedure that have sought to introduce more space for negotiation in said figure and encourage its use. However, as an unwanted effect, such modifications have made the already convoluted regulation of said institute more complex, which makes it difficult to understand its physiognomy. This paper examines the current state of «conformidad» in the Spanish Criminal Procedure Law. Its scope of application, its requirements, its content, its processing and its effects are reviewed in the ordinary procedure, in the abbreviated procedure and in the fast procedure. A critical analysis of «conformidad» is also carried out from considerations made by the Spanish doctrine based on the complex normative reality and the not always consistent practice of the system, highlighting the fact that said institution generates certain risks for the accused, for the victim and for society. The work ends with some brief conclusions. [ABSTRACT FROM AUTHOR]

The paper explores whether the creation of a parliamentary investigation commission on the abuse of minors by members of the clergy or in the context of activities organized by the Catholic Church falls within the remit of the nature and purposes of such commissions. The article also examines whether or not the creation of an Ombudsman-led commission for the same purpose complies with the constitutional precepts that regulate that office and the relationships between religious confessions and the State. Finally, the paper discusses whether the current legal procedures and rules justify the number of cases of abuses committed by members of the clergy brought by the State Attorney General's Office. [ABSTRACT FROM AUTHOR]

The fundamental rights of the crime victim have been strengthened through the establishment of the accusatorial criminal procedure in the Political Constitution of the United Mexican States. The problem is that important rules of the National Code of Criminal Procedures are still restrictive in terms of their constitutional rights. The current paper aims at analyzing the right of the crime victim to become an active part of the criminal procedure and as a result, this right could turn into a guarantee to provide effective access to every single stage of the criminal procedure for the adequate and timely defense of their interests according to due process of law. It is concluded that this right is the nucleus of a jurisprudence doctrine issued by the Federal Tribunals to progressively broaden the scope of the adjectival rights of the victim in conditions of procedural equity with the defendant's rights. This is a documentary research developed within the framework of the theory of guarantee procedural law through the analytical and hermeneutic methods. [ABSTRACT FROM AUTHOR]

The Draft Law on Procedural Efficiency Measures for the Public Service of Justice has placed Appropriate Dispute Resolution Methods and negotiation in particular at the center of the procedural debate. A reflection of the lack of negotiation culture in the Spanish legal system, doctrine and the legal agents are unaware of its triple nature: besides the axis of any extrajudicial mechanism, it is an autonomous mechanism that has its own technique. This paper aims to delve into this triple condition, bringing a little light to the issue. [ABSTRACT FROM AUTHOR]

The oath was historically one of the most important institutions in legal procedure. Its form was established in perfect detail by the classical canonists, who thereby ensured that its application would continue into modern times. Its origins can be found in Holy Scripture, in both Old and New Testaments, and an important factor in its development was traditional Roman law, which has always played a crucial role in the evolution of canon law. Precisely through the agency of the oath, defined in one sense as a particular form of ordeal, it became possible later to progress from the older type of common-law ordeals towards the standard of Roman-canon law full proof, and equally to the principle of free assessment of evidence by a judge. The main aim of this paper is to present the conceptual definition of the oath as an institution in classical canon law specifically on the basis of the most important sources and procedural-law manuals, describing its origins in the Bible and Roman law and emphasizing its role in the formation of modernday procedural standards. [ABSTRACT FROM AUTHOR]

Irregular migration is a complex phenomenon that defies the sole concepts of movement restriction and lockdown introduced by the pandemic. Accordingly, 2020 was a particularly tense year for migratory fluxes from Africa to Europe. The Canary islands route saw a reactivation after almost a decade of low activity, with 23,023 registered arrivals in 2020. Similarly to other European islands, such as Lesbos or Lampedusa, the Canary islands have limited state assistance resources for immigrants. The pandemic is, thus, a cause of the massive emigration in the Maghreb and Sub-Saharan Africa, but is also a decisive factor for the human rights violations before, during and after the immigrants’ arrival at the islands. Under these circumstances, Spain is obliged to comply with international, European, and national law regarding migrants’ fundamental rights. This paper argues that Spain must always guarantee the health protection of refugees and asylum seekers during the legal procedures of intervention, assistance and detention. Furthermore, the enforcement of sanitary measures is not a valid cause for omitting certain guarantees such as the right to legal assistance, the freedom of movement within national territory, the compliance with detention times, and the use of clean and safe reception centers. [ABSTRACT FROM AUTHOR]

Planned obsolescence is becoming a more frequent motive of litigation in the international sphere, which damages are being claimed by both public authorities and individuals affected by such behaviour, that seek fair retribution. Therefore, this paper aims to analyse different private actions against the technological company, Apple, who has apparently taken advantage of consumers' lack of knowledge of their area of business, to put into practice tactics for ending their products' lifespan and by doing so, increase their demand. Particularly, this paper discusses the substantive juridical grounds alleged by different class actions in the United States in the last years, against Apple, and their connection with planned obsolescence. The results of the research show that there is a clear increase in the litigation of the technological planned obsolescence around the world and that the arguments used in those cases are mainly private, despite the fact that public concerns are also present. [ABSTRACT FROM AUTHOR]

Jurisdiction clauses in Bills of Lading pose troubling questions of both Procedural and Substantive Law. Those problems converge within the appellate procedure against the plea of international jurisdiction that the carrier brings based on the Bill of Lading. Accordingly, the appellant uses both procedural and substantive law grounds in order to try to override the jurisdiction clause. Firstly, the paper focuses on the Civil Procedural Act, whose territorial jurisdiction provisions are invoked with a certain frequency. Subsequently, the paper tackles the General Contracting Terms Act and the Consumers and End-Users Act, whose protective end-user's provisions are also used to override the jurisdiction clause in the Bill of Lading. The paper ends with a reflection on the clauses drafting language and its consequences. [ABSTRACT FROM AUTHOR]

This article discusses Palestine's lawsuit against the United States before the International Court of Justice for its alleged violations of the Vienna Convention on Diplomatic Relations. The lawsuit was brought after the US president's announcement to move the embassy in Israel from Tel Aviv to Jerusalem. The case has critical diplomatic repercussions but raises various legal questions related to Palestine's access to the Court with or without its capacity as a State, the Court's jurisdiction, the enforceability of Palestine's adherence to the Convention and its Optional Protocol, and the admissibility of the lawsuit. The paper discusses whether Palestine could initiate a case before the Court, whether the secretariat of the Court should have accepted the case, and whether the Court has jurisdiction to rule on it. This analysis is based on the provisions in the Court's bylaws, regulations, and extensive case law regarding procedural matters. [ABSTRACT FROM AUTHOR]

Based on the essential principles of the legal process in general, and of the criminal process in particular (the adversarial process, the legal court's status as a third party, and the accused's right to a defense), this paper explores the development of procedural rules and regulations in relation to the crime of child abuse committed by members of the clergy. The legal route, once envisaged as the only possible way to judge crimes reserved to the exclusive competence of the Congregation for the Doctrine of the Faith, has been gradually replaced or significantly circumscribed by extrajudicial proceedings - the so-called 'administrative approach'. Given that this shift has serious repercussions for the right of defense in practice, the modus operandi at the Congregation has begun to incorporate elements of the legal process into its administrative proceedings, prompting the question of whether the administrative approach is now becoming a legal procedure, thus requiring new rules and regulations, as in the case of marriage annulment proceedings. [ABSTRACT FROM AUTHOR]

With the reading of this paper, the reader can get a preliminary view on a method of juridico-procesal approach that enjoys special interest in teaching and research of the procedural law. The right is the life and the procedural law is a part of that life which aims in isolation, knowledge and resolution of conflicts among subjects with antithetical claims. The reader of this work will bear witness to a new conception of litigation based on the observation of nature and the legal essence search. [ABSTRACT FROM AUTHOR]

One of the essential requirements of any demand for eviction for non-payment is the requirement to the landlord to indicate the circumstances that may allow or, where appropriate, prevent from enervating the eviction. This last option will happen when the tenant has already made use of this power on a previous occasion, or when the landlord has extrajudicially requested payment without success, in the legally established terms. However, the Spanish Procedural Law fails to specify essential aspects of these exceptions to the enervation, which has led to contradictory solutions from our courts and the need for a consolidated judicial response. All these issues are analysed in this paper. [ABSTRACT FROM AUTHOR]

The victim is the great one forgotten the criminal process, even if regulation exists so much national, community as international that try to endow a relevant role to the victim in the criminal process comparing her procedural laws to those of the investigated defendants, the certain thing is that they exist certain regulations that, under the premise of the protection of the rights of the defendants, produce one indirect discrimination in the victims of the crime, since it is the case of the criminal appeals against the judgments acquittals. In addition, this regulation of the recourse to criminal appeal may result in secondary victimization. In this paper, the possibility arises that the current regulation of criminal appeal in cases of gender violence is unconstitutional on grounds of discrimination, for not respecting the hierarchy of rules when contravening a special rule such as the Statute of the Victim and being contrary to international and Community legislation. [ABSTRACT FROM AUTHOR]

Although nowadays it is widely accepted that legal systems are incapable of offering a unique right answer to each case, it is still possible (as some authors do) to distinguish between the formal correction level of a legal decision and that their justice level, and to defend that law could be able to offer a justified answer to every case. As much as we consider acceptable the distinction between the plane of formal correction and the plane of justice, this paper seeks to show that the three main arguments used to defend that in every case there is a single justified answer (i.e., the maximum degree of concretion, the bivalence of legal truth and the existence of principles) are not able to achieve their objective. However, this work observes that these arguments can show that law draws limits —with different intensity— to judicial decisions depending on which stage of that decision we are. [ABSTRACT FROM AUTHOR]

The New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards sets out, on the one hand, the reasons why an arbitration award may be totally or partially set aside and, on the other hand, it determines in which cases the recognition and enforcement of foreign arbitral awards may be refused. In this regard, it is worth noting the problems that may arise in relation to the awards that have been set aside or suspended by a competent authority of a State in which, or under the law, has been issued such arbitral award. Hence, as it can be understood from the wording of the New York Convention, some discretion is granted to States in order to determine whether or not their legal systems may recognise and enforce an award that has previously been set aside. This paper will analyse in the international context to what extent the annulment of the award constitutes a real obstacle to the satisfaction of the interests of the winning party in the arbitration proceeding. [ABSTRACT FROM AUTHOR]

In this paper, the author analyzes the restrictions imposed on party autonomy to set the arbitration procedure, derived from Constitutional Law inter alia. He does so, through a comparative exercise that deals with the case of amigable composición as an example of ADR whose contractual nature favors party autonomy. In order to demonstrate that the constituent and the Colombian legislator could have further favor party autonomy in arbitration, the author analyses the similarities between these two mechanisms. Thus, through an investigation on the roots, regulation and jurisprudential evolution of amigable composición in Colombia and in comparative law, he identifies why there are so many differences in the practice of these proceedings. [ABSTRACT FROM AUTHOR]

In this paper the scope of the principle in dubio pro operator in the assessment of the evidence, the limits of their application and linking of sound with the protective principle is analyzed; also, the probation and informal labor court activity and techniques or guidelines that could apply this principle. It is a documentary research that shows that the principle in dubio pro operator leads to clarify the dubious facts favoring the worker be legally weak. Consequently, there should be no limits on the application of that principle, since the judge must have the full conviction and make the right when assessing the evidence under his logical reasoning assessment. It is concluded that the judge in applying this principle, should take into account the lessons of experience, the identity of things under intuition and sound judgment. Also, reasoning the facts and circumstances, using inductive, abductive and deductive logic in this order and intuition in assessing evidence. the amendment of Article 10 of the Procedural Labor Law and the creation of a multidisciplinary team proposed for the operator of justice clarify the doubts that are presented and complement to the ruling, contributing to the sentence fairer. [ABSTRACT FROM AUTHOR]

With the adoption of the national status of domestic and international arbitration, Colombia took a big step in arbitration, the contributions of the Law 1563 of 2012 are novel for arbitration, especially regarding precautionary measures of different types, i.e., nominated and nameless. However, it is necessary to refer to the application, recital and practice of these measures can be taken in two periods: before and after being notified by the defendant in an arbitration process. However, the 1563 Act of 2012 presents a gap in the adoption of precautionary measures called early, so the Hotbed of Litigation in this paper makes a proposal based on international arbitration, to be regulated in Colombia this figure and so ensure that the arbitration process will safeguard effectively the rights recognized by substantive law, as envisaged in the General Code of Procedure and the Constitution of Colombia. This research figures such as the arbiters of urgency, the pre-arbitration and judicial support the theory of the referees as an open catalog of possibilities will be presented in front of experts in the field to take the best option refers to domestic arbitration is appropriate to the implementation of precautionary measures and anticipatory unnamed in the arbitration process in Colombia. [ABSTRACT FROM AUTHOR]

This paper focuses in a detailed description of the discussion on the management models of judicial offices and suggests the emergence of a new organizational procedural law that takes care of them. Thus, it aims to create a knowledge base that contributes in the difussion of this issue and demonstrates the importance of creating a new branch of law that deals with its study and application. The above objective will be carried out through a review of the literature related to management models of judicial offices and judicial management in order to develop a descriptive exercise of the relevant contents without leaving behind a critical approach when interpreting them. In this context, the real purpose of judicial management, the importance of including judicial officers in the debate and the need to expedite the discussion in Colombia, among others, will emerge. [ABSTRACT FROM AUTHOR]

In this paper, the military justice applied to militiamen from the countryside of Buenos Aires are analyzed between the revolution and the abolition of military jurisdiction in 1823. The research will be based on military summaries which have been reviewed. It will be analyzed the felonies, the characteristics of the judicial process and the grade of attachment to the current legislation. Furthermore, it's also possible to observe the limited influence of the indian legislation, the judicial discretion favorable to the defendants and the least preoccupation of the military justice to the subordinate's crimes. This situation placed the militiamen on a better position than their veteran partners facing to that institution. [ABSTRACT FROM AUTHOR]

This paper focuses in a detailed description of the discussion on the management models of judicial offices and suggests the emergence of a new organizational procedural law that takes care of them. Thus, it aims to create a knowledge base that contributes in the difussion of this issue and demonstrates the importance of creating a new branch of law that deals with its study and application. The above objective will be carried out through a review of the literature related to management models of judicial offices and judicial management in order to develop a descriptive exercise of the relevant contents without leaving behind a critical approach when interpreting them. In this context, the real purpose of judicial management, the importance of including judicial officers in the debate and the need to expedite the discussion in Colombia, among others, will emerge. [ABSTRACT FROM AUTHOR]

This paper contains a critique of the jurisprudential evolution of the Constitutional Court regarding the burdens and requirements to be met by the plaintiff in order for a Constitutional Action to proceed. The article, addresses the jurisprudence of the Constitutional Court that has raised the standards and requirements in order to proffer a sentence. Failure to meet the requirements often leads to an inhibitory judgment by the Court. The article states that the aforementioned violates the Pro Actione Principle, hindering access to justice for citizens and going against the basic tenets that led the original constituent to conceive the Public Constitutional Action. The text argues that only the legislative power can impose requirements and conditions regarding the access that citizens shoidd have towards the judicial power, and therefore, the Court should not create, extend or interpret restrictively the already existing requirements. [ABSTRACT FROM AUTHOR]

This paper analyses the EU Anti-corruption Report, which is a new instrument developed by European Union to fight against corruption inside the EU and within EU member States. The first EU Anti-corruption Report will be released during second part of 2013. Our analysis focuses on the procedures of its elaboration and also explains its structure and contents [ABSTRACT FROM AUTHOR]

Articl e 47 TEU was amended by the Lisbon Treaty, thus becoming a mutual non-affectation clause between the CFSP and the other fields of EU action. In this paper we examine the incidence of current Article 40 TEU on EU external action, having in mind the findings reached by its Court of Justice in the ECOWAS case. Before this, the legal framework of the EU external action, the CFSP specific rules and procedures and the limited jurisdiction of the Luxembourg Court in this framework will be dealt. [ABSTRACT FROM AUTHOR]

The models of democratic legitimacy of political decisions have to respond to an in-herent tension between procedural and substantive aspects. One of the most suggestive answers is proposed by the deliberative theories of democracy. These theories are attractive because they believe to cancel the tension between these two dimensions. Democratic decisions would not be legitimate according to independent criteria to be correct nor be the result of a fair process, they would be legitimate because they are the result of a process that tends to produce just or correct decision. The aim of this paper is to discuss the idea that the justification of deliberation need to assume that these have epistemic value. [ABSTRACT FROM AUTHOR]

The present paper will analyze the procedural autonomy that the Constitutional Court has in order to solve the causes that are put under it knowledge. As it is observed, there are two theses; one of them totally denies the procedural autonomy to the Constitutional Court, but the other one agrees about the procedural autonomy of the Constitutional Court. From my point of view I consider that the Constitutional Court has procedural autonomy, which will be sustained throughout the present investigation. [ABSTRACT FROM AUTHOR]

The termination of the process is a mechanism for procedural simplification has been fully regulated by the Criminal Procedure Code of 2004, but that is not new to our legal system and applied it to certain crimes-money launder in gand customs-. His addition to our criminal justice system responds to achieve greater speeding solving criminal cases because of the crisis being experienced by our justice system that results in an excessive increase in the caseload and criminal political guide lines from reforms Latin American process are from the 90'SA trend in the region. The incorporation of early termination should not only beseen from the dogmatic frame work but also from the practical, which is why we must pay attention to the numbers in the districts whereit has been applied and there by contribute to solutions that are not only in the paper. [ABSTRACT FROM AUTHOR]

Spain has recently attempted a comprehensive review of the 226 precepts that form parts of the Spanish Civil Code, which refer to the General Part of Obligations and Contracts. This ambitious work, presented by renowned experts, is judged critically by the author, renowned Professor Spanish. In this paper evidence left in the formal defects of the "Proposal for Modernization of the Civil Code on Obligations and Contracts," but also intractable problems left by the changes that come from the Common Law, all in the difficult by the unification of European private law and the complex inter Spanish law. The author also points out the serious defects that the proposal will generate the remaining articles of the Code, and the lack of unity and danger of creating an isolated part of the rest of the Spanish civil order without considering changes in other closely related materials with the contract. It concludes with a list of hits and new aspects count who are expected to help modernize the Spanish law properly. [ABSTRACT FROM AUTHOR]

Transition to oral processes is, without doubt, a Herculean task whose achievement, in fact, is a joint responsibility of the legislature, jurisprudence, doctrine and the national academia, who must work together in order to develop, with solvency, a real oral process. It is a challenge that demands the involvement of all legal actors who are called, in part, to rethink the system, and based on their conclusions, to put it into practice. That's why this paper addresses just one of the main topics to be considered regarding orality: the evidence rules under the oral system. Thus, it seeks to elucidate a structural question or problem: What specific reforms are needed for the rules of evidence in order to achieve the oral process? Identifying the problems that current rules of evidence have and proposing some solutions to that problems. [ABSTRACT FROM AUTHOR]

This paper addresses the Inter-American Commission on Human Rights, ICHR, contentious jurisdiction with respect to the Inter-American Treaties, different from the American Convention on Human Rights, ACHR. Does the ICHR have conventional jurisdiction regarding those treaties? Do such treaties support that jurisdiction? Do the Rules of Procedure create such jurisdiction? Analyzing the different legal documents, the author pretends to demonstrate the lack of precision of article 23 of the ICHR' Rules of Procedure, which has created several unnecessary misunderstandings and false expectations on the Inter-American System of Human Rights' actors, especially with respect to the ICHR Contentious Jurisdiction. At the end, the author suggests an amendment of the ICHR' Rules of Procedure, in order to contribute to strengthen the Inter-American Human Rights System and secure the accuracy of its regulations. [ABSTRACT FROM AUTHOR]

The historical study of the different procedural systems is a pending task in our legal field. Additionally, it is difficult to find academic texts that develop a global revision and a historical reconstruction of the essential characteristics of the main procedural criminal systems in our time, more precisely, of systems that would allow us to comprehend our existing system and its evolution. This paper's intention is to locate such characteristics and examine said evolution in the context of the new Accusatory System and its Criminal Procedure. In order to do so this study will verify which characteristics and institutions still remain, and which have been transformed or removed from the Colombian criminal procedural system. All this information has been compiled in order to undertake a historical evaluation of our systems of Criminal Procedure. [ABSTRACT FROM AUTHOR]

The following document is the result of an analysis of the current situation of the admission and valuation of digital evidence in Colombia's legal context. In this sense, this paper reviews digital evidence practices and procedures and their legal regulations. It also explores the tools that judges have to take into account in order to admit and value digital evidence, that is, evidence that has to fulfill legal and information security requirements, such as confidentiality, authenticity and integrity. In this line of work, the authors have conceived a proposal based on best practices documented in HB171:2003 Guidelines for the management IT Evidence, which will serve not only to value digital evidence by healthy critic and reason standards, but also by strategies and elements that are inherent to information security in every stage of the digital evidence life cycle. [ABSTRACT FROM AUTHOR]

Within the framework of Procedural Law, this paper aims at analyzing the abovementioned Act and how said body of rules treats the protection of people's rights regarding the disclosure, amendment under any form provided by law, elimination and use of personal data recorded in data bases as well as how the holder of said records may use them for commercial purposes. This article tackles the most outstanding aspects related to the Habeas data Process and its procedural juridical system, together with the procedure and its characteristics to obtain the protection of the claimant. [ABSTRACT FROM AUTHOR]