C. PREVALENCIA Y EJECUTORIEDAD DE LA CARTA SOBRE LA CONSTITUCIÓN ESPAÑOLA
Análisis de la Legislación Europea y Española, con estudio de su jurisprudencia para establecer si existe o no prevalencia y ejecutoriedad del Derecho de la Unión sobre el nacional, con especial atención a la “Carta de los derechos Fundamentales de los Ciudadanos de la Unión”, la legislación complementaria y su aplicación a la actual situación […]
17. Appointment of the criminal compliance oversight and control Body in public Entities and others. Technical Notes
Legal Opinion Conclusions The members of the OVC or compliance officers are, by organic law (penal code), persons appointed in confidence by legal persons and their administrative bodies. The term “position of trust” in the TREBEP or local regime laws should not be confused, as the position can perfectly well be a legal person. The […]
15. Risk and certainty analysis of cookies
LEGAL OPINION CONCLUSIONS: FIRST.- Cookies are tools that play an essential role in the provision of many information society services. They concentrate the largest advertising investment, facilitate user navigation and provide advertising based on browsing habits. SECOND.- We must not forget, however, that all the fundamental rules are out of date THIRD.- On 1 October […]
12. Directive 2019/1937 and regulatory compliance
CONCLUSIONS OF THE OPINION: Directive 2019/1937 and regulatory compliance. Procurement fraud, money laundering and administrative and criminal liability. The Directive introduces new offences, new exemptions and also new aggravating circumstances. FIRST.- Directive 2019/1937 consolidates previous European legislation with a view to protecting the Union itself, which seeks to erode any possible attempt at corruption. Lack […]
11. Transparency and the fundamental right of access to documents. Directive 219/1937 also comes full circle in Transparency.
OPINION CONCLUSIONS: Directive 2019/1937 also closes the circle on Transparency. A new fundamental right, that of access to information, has emerged. This right is particularly linked to public administrations. FIRST.- The enactment of Law 19/2013 by Mariano Rajoy’s executive established a Law on Transparency. Even so, it left Spain at a lower level than other […]
10. Telecommunications and data regulation, changes imposed by Directive (EU) 2019/1937
CONCLUSIONS OF THE OPINION: Telecommunications and data regulations, amendments imposed by Directive (EU) 2019/1937. The amendments to the European technology and data regulations brought about by the Directive are examined.FIRST.- All data are free, and they are a contribution to the single market; some of them even have the obligation to be available to everyone. […]
9. The European Public Prosecutor: the Power of attorney. Stagnation against Renewal
CONCLUSIONS OF THE OPINION: The European Public Prosecutor The Evocation. Stagnation against Revolution. The opinion deals with the new and innovative tools at his disposal. The European Public Prosecutor’s Office, such as the case of the “Evocation”, i.e. the power to halt the investigation in one State in order to continue the proceedings in another. […]
7. European Directive 2019/1937: The Revolution in Jurisdiction. Single European Jurisdiction
CONCLUSIONS OF THE OPINION: European Directive 2019/1937 the revolution in the jurisdiction The visibility of the fact that Justice is a shared competence, and that judges are previously European rather than Spanish, with all that this implies. FIRST.- Justice is a “shared competence”. In the exercise of this competence, the Member States are recognized as […]
6. Scope of the EU Sovereignty, competence and jurisdiction with reference to the Spanish State in applicatio of the EU Directive 2016/1937
CONCLUSIONS OF THE OPINION: Scope of the EU’s sovereignty, competence and jurisdiction with reference to the Spanish state in application of the EU Directive 2019/1937 One of the first things that surprises us is the declaration of sovereignty over many issues made by the Union. This sovereignty is exercised by creating a single preliminary ruling […]
