Search

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.)

This paper analyzes several questions from a legal, political and constitutional perspective produced by Spanish Democratic Memory Law adopted in 2022: 1977 amnesty law; Constitution relevance in face of democratic memory policies; current importance of political transition values; extension of investigations against human rights violation after entering into force the Constitution in 1978; declaration of illegality, illegitimacy and overruling of sanctions and convictions of Francoist military courts; restrictions on the exercise of constitutional rights and freedoms to avoid Francoism apology and its victims dignity humiliation. [ABSTRACT FROM AUTHOR]

The origin and evolution of the data protection right has a clear European leadership. The global impact of this originally European legislalion has led to the proliferation of national laws for the protection of data in the rest of the continents and has forced global technology services --regardless of their geographical origin-- to adapt to European data protection standards. In particular, these IT services have been adapted to the jurisprudence of the Court of Justice of the European Union on the privacy protection on the Internet. This article will demonstrate the extra European impact of three renowned recent judgments of the Court of Justice of the European Union: Case Digital Rights (Data Retention Directive), Case Google (Right to be Forgotten) and Case Facebook (Safe Harbour). These rulings are a milestone in the evolution of the data protection because of its global impact and, consequently, by the transference of the European standards of data protection to the rest of the planet. [ABSTRACT FROM AUTHOR]

The recent reform of the economic Constitution invites to analyze the current Politics-Economy relationship and, in particular, the evolution of the widespread tendency opened several decades ago for independent decision making on the economy --and, also, for the guarantee of fundamental rights--through the creation of independent agencies. After the initial success of this model, generalizing it and strengthening it, have occurred in recent times decisions of public authorities which demonstrate, even of contradictory form and, perhaps, cyclical, the crisis and breach of the paradigm of the regulator independence. This paper aims to illustrate the evolution suffered by independent authorities and highlights the relevant examples that demonstrate the risk of breaching the regulators independence. [ABSTRACT FROM AUTHOR]