16. Degrading treatment in the context of legal Proceedings
CONCLUSIONS: FIRST.- The universal, European, Union and Spanish regulations are categorical in prohibiting people from being subjected to torture or inhuman or degrading treatment or punishment. While the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has provided a comprehensive definition of the concept of torture, there is no […]
14. Review of final decisions due to failure to complay with the EU Law
CONCLUSIONS OF THE OPINION: The force of the resolutions of the CJEU is analysed in order to proceed to the review of final judgements and administrative decisions. FIRST.- The Court of Justice of the European Union (ECJ) has had to rule in recent years on the strength of its own case law to force a […]
13. The right not to submit documents after Directive 2019/1937
CONCLUSIONS OF THE OPINION: The change of role between the person administered and the administration is analysed. Now, the Administration has the obligation to be absolutely transparent with the citizen; the citizen has the right not to be transparent with the Administration, and the corresponding civil servant can be held accountable. FIRST.- Two new directives […]
8. The European Public Prosecutor’s Office under Council regulation (EU) 2017/1939
CONCLUSIONS OF THE OPINION: The European Public Prosecutor’s Office of Council Regulation (EU) 2017/1939 of 12 October 2017 establishing closer cooperation for the establishment of the European Public Prosecutor’s Office Between appropriation and sabotage Special reference to movements to evade legislative transpositions by elements of the Administration of Justice that cut back on privileges and […]
5. The figures of the Investigator, the complainant, the person concerned and the facilitator in EU Directive 2019/1937
CONCLUSIONS OF THE OPINION: The figures of the investigator, the reporting person, the concerned person and the facilitator in the EU Directive 2019/1937. The regulation creates new figures that play a decisive role. FIRST.- The figure in charge of the complaint’s channel is not, like others, defined as such in the Directive; but because of […]
4. Mailboxes and complaint channels: Technical-legal aspects of the mailboxes or internal channels of the Directive 1937/2019 UE
CONCLUSIONS OF THE OPINION: Mailboxes and channels of complaint, technical-legal aspects of mailboxes or internal channels of complaint, of the directive 1937/2019 EC. This paper explores how complaint boxes should be set up in practice, the procedure to be followed and the characteristics of the staff in charge of them. FIRST.- The internal mailbox or […]
3.What does the Whistleblower Directive modify? and explosion within the Union Law
CONCLUSIONS OF THE OPINION: What does the whistleblower directive amend?, an explosion within Union law. This third opinion analyses both the Union’s strategies, which involve the entire administration, including the judiciary and the military, and the impact on practice of all existing law.FIRST.- To guarantee a high level of protection for whistleblowers who report violations […]
2. Directive , Mailboxes, reporting channels and sphere of influence
DIRECTIVE, MAILBOXES, COMPLAINT CHANNELS AND SCOPE OF INFLUENCE OPINION CONCLUSIONS Directive, complaint channels and scope of influence. This second opinion deals in more detail with the social, political and legal changes that the implementation of the Directive will bring about 2019/1937. FIRST.- Whistleblowing, understood as the reporting of irregularities, “refers to the alert issued by an […]
