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 […]

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 […]