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Copyright of Revista Española de Derecho Constitucional is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Crónica Tributaria is the property of Instituto de Estudios Fiscales, Ministerio de Hacienda y Funcion Publica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the context of new technologies being used as business surveillance tools and, in particular, in the geolocation of employees, the classic conflict between an employer's legitimate interests and protection of the rights of employees is especially important. This article analyses the existing limits and requirements in implementing systems tracking the geolocation of employees, both from constitutional (proportionality vis-à-vis fundamental rights) and general law perspectives, taking into consideration recent case-law. It also addresses other possible employment uses of geolocation systems. [ABSTRACT FROM AUTHOR]

This paper explains the content and the significance to examine the so-called principle of criminal proportionality. Suitability, necessity and strict proportionality are the three levels of analysis that the jurist must take into consideration. The principle of proportionality is going to give us the concrete answer of the constitutionality of a rule only in extreme cases, although it will be a powerful argumentative tool. In the second part, we will apply this test of proportionality to the minor disobedience and the lack of consideration for the authority, now relocated as minor crime and administrative offense. [ABSTRACT FROM AUTHOR]

The scope of an employer's control over employee communications is an issue that continues to generate legal debate, given that such monitoring can be at odds with the right to respect for one's private life and correspondence, as per article 8 of the European Convention on Human Rights. In Barbulescu v Romania, the European Court of Human Rights held that Romania had not violated article 8 and confirmed the rulings provided by the national courts. The origin of the claim was due to the fact that the employer became aware of the employee's infringements after accessing such communications, which revealed conversations of a private and non-work related nature and resulted in the dismissal of the employee. Among other factors, the outcome of this case is influenced by the existence of company rules prohibiting Internet use for personal purposes and the consequent absence of a reasonable expectation of privacy. [ABSTRACT FROM AUTHOR]

The article discusses the manufacturers' legal duties of monitoring, warning and recall regarding their product in the criminal law of Chile, with a focus on the figure of product liability. Topics addressed include the concept of corporate criminal liability in Chilean criminal law; the principle of proportionality, particularly in cases of product recall; and the treatment of the process of monitoring, warning and recall according to the principle of criminal omission, including a comparison to Spanish and German criminal law.

This article critically analyzes the aptitude of theories proposed by national authors attempting to reconstruct the criminal wrongness of insider trading. The main criticism is oriented, firstly, in denouncing an idealized concept of "stock market", which unnecessarily covers some unorganized or informal submarkets, forcing to reconstruct fictionally the criminal wrongfulness of insider trading. Secondly, we denounce that by abandoning the analysis of the needs and merits of criminal punishments in the reconstruction of wrongfulness, criminal law begins to look more as administrative law, accepting that the mere dysfunction generated by the violation of rules is cause enough. [ABSTRACT FROM AUTHOR]

Copyright of Secuencia: Revista de Historia y Ciencias Sociales is the property of Instituto de Investigaciones - Dr. Jose M. Luis Mora and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The purpose of this paper is to set out an articulating principle in the provisions that regulate sentencing on case of repetition of offenses of the same kind, as regulated in Article 351 of the Criminal Procedure Code. The proposed central thesis is that this articulating principle is that of constitutional proportionality, in its strict proportionality aspect. Said principle allows building a model of sentencing that justifies the distinction by the legislator when it restricts this rule's application to just one case of repetition of offenses: those that affect the same legal right. Under this concept, the principle of proportionality works as a limit to the scope of the penalty that will be applied in case of repeated offenses of the same kind, structured in function of correlation between the significance of the disvalued fact's severity (as guardian of the protected legal right) and the penalty associated to it by the legislator. Therefore, the penalty --as an infringement of the convict's fundamental rights-- holds an essential relationship with the severity of the typical fact, which is the magnitude of the sanction's signification of severity as it completes the penal injunction that seeks to prospectively avoid the execution of that felony. Consequently, in this relationship of proportionality the concept of penal legal right will function as the central core of the scale in which counterposed principles to consider are evaluated. Finally, in this order of ideas, the unjust act's main content implied by the repetition phenomenon only contributes marginally to determine the fact's severity; only if the applicable penalty is allowed to oscillate within certain ranges that cannot overcome the aggregate of the materially accumulated penalty. [ABSTRACT FROM AUTHOR]

El artículo analiza diversos decretos y sentencias en el área de Derecho de la Competencia emitidos en la Unión Europea (UE) y España entre junio y septiembre de 2014. Entre los temas tratados se encuentran la legislación sobre acuerdos que no restringen la competencia en la UE, sentencia del Tribunal Supremo de España en un caso relativo a comercialización de electricidad con sanción a la empresas Endesa Distribución Eléctrica S.L. y sentencia sobre la base del principio de proporcionalidad.

This article poses general aspects on the right of Access to justice administration and the relation exiting between such a right and the extra-judicial conciliation in law as another mechanism to Access to the same. In this connection effort, we pose how it can be real or effective for the citizen, the right to access through the conciliation instrument, in contrast with some conciliation norms which close the opportunity that parties comply with the philosophy which orients both the conciliating figure and the effective access to justice administration and private autonomy, to finally conclude that such norms are illegal, because they violate several norms of 1991 Colombian Political Constitution. [ABSTRACT FROM AUTHOR]

A defensive reaction against an illegitimate aggression is justified by the legal system – notwithstanding the requirement of a sufficient provocation– only if there is a rational need of the means employed to impede or repel said aggression. This requirement has created a series of complex problems regarding its interpretation and application, its conceptual extension, its true legal and practical nature, and how it is appreciated in each particular case. Precisely because of its practical relevance, the latter will be approached by this work, by the means of analyzing the Higher Courts' rulings which clearly distinguish two criteria of appreciation of the rational need. [ABSTRACT FROM AUTHOR]

The article analyzes the principle of non-discrimination in the economic order from the perspective of the Chilean constitution. For this purpose, it discusses the potentiality of the State in establishing restrictions or regulations on individuals in economic matters, provided this does not affect the prohibition of arbitrary discrimination. It briefl y proposes a concept of "non-discrimination" and reviews the topic of economic freedom and its limits, the principle of equality before the law, the principle of non-discrimination, and the concept of proportionality that should guide the actions of the State, when, for the sake of the common good, it becomes necessary to establish certain limits. [ABSTRACT FROM AUTHOR]

Copyright of Revista CES Derecho is the property of Universidad CES and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this article we review some decisions of the Constitutional Court of Colombia, which uses the built-constitutional trial as a methodology for constitutional revisions in studying age as a criterion for granting the adoption and a prerequisite for public office. We intend to highlight how the Court incorporates the equality test methodology used in the U.S. and the trial of proportionality used in Europe potentiate the benefits of both methods and reducing judicial discretion, analyzing the scope of the freedom of Congress and legislative setting the limits of its review function. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Justicia (0124-7441) is the property of Universidad Simon Bolivar and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper seeks to demonstrate that, when a public entity determines the requirements of a public bidding process, it affects the freedom of bidders and the efficient destination of public funds. Therefore, the determination of such requirements, in order to be legitimate and efficient, must be proportional. As shown in this paper, the proportionality principle, a general notion about the relation between means and ends, applies to the determination of requirements in public bidding process. Furthermore, this paper seeks to explore the way in which this principle can be applied. [ABSTRACT FROM AUTHOR]

The relation between the norms and principles of international law has been a question scarcely studied. Thus, we can understand the importance of the recent works of the Commission of international law on the fragmentation of this order, which they have thrown considerable light on the matter. Nevertheless, they remain many questions by clearing, like the collision among valid principles of equal hierarchical value. In the present work we show that these they are given in practice and besides there is not an answer accepted for the same. Likewise, in the present work we explore the possible application of the judgment of proportionality, answer generally admitted by the general theory of the law and that we see that is adjusted well to the international order. The work, finally, is fruit of an investigation and original theoretical reflection of questions of the core content of the international law. [ABSTRACT FROM AUTHOR]

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Estudios Socio-Jurídicos is the property of Colegio Mayor de Nuestra Senora del Rosario and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper analyzes the content, history and limits of the freedom of enterprise in the Spanish Constitution. Respecting the limits, they can be of various kinds, among which are those arising from the Welfare State clause. The definition of Welfare State determines not only the interpretation of this right, but especially the practical implementation of the private initiative. Setting conditions on the exercise of economic initiative, the State should try to devise solutions to possible conflicts with constitutional rules, among which the balance of interests stands out. The Welfare State appears then as a criterion of discernment against possible violations of social rights. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Politico is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The author explains, based on the "nullum crimen nulla poena sine lege" principle, the scope of the legality principle for criminal laws in blank, stating that they must contain the main verb of the conduct and its subjective aspect, thus allowing their completion through statutory norms. Recognizing legal certainty as the basis for irretroactivity of criminal laws, and proportionality and necessity of punishment as a justification for more benign criminal law retroactivity, shows the underlying problems related to the retroactive application of amendments to the statutory norm. [ABSTRACT FROM AUTHOR]

The article presents an analysis of article 111 RRM of the Spanish legal code. The author addresses what is described as an over-application of the article, which he indicates is due to a lack of understanding of its proportion. The author also briefly explores the notarial role in preventative legal security.

Copyright of Revista de Derecho Penal y Criminologia is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The analysis of the constitutional validity of a rule cannot be limited to a mere compliance of the adjective or procedural due process requirements; it is also necessary a substantive due process analysis of reasonableness on the actual content of the rule: its means and purposes, and its respect for the constitutional and fundamental rights and freedoms. This work aims to outline the main aspects of the reasonableness principle, which is known as well as the principle of proportionality or as the substantive due process, and the guidelines and rules for a proper implementation. The principle is approached in this work by a comparative study of its performance in the United States legal system, Europe and Argentina. Moreover, the reasonableness maxim cannot be analyzed without reference to the question of the interpretation of fundamental rights. For this reason, this topic is reviewed, also, from the perspective of the jurisprudence and the constitutional doctrine in the different legal systems. [ABSTRACT FROM AUTHOR]