12. DIRECTIVE 2019/1937 AND COMPLIANCE. PROCUREMENT FRAUD, MONEY LAUNDERING AND ADMINISTRATIVE AND CRIMINAL LIABILITY

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 Read more…

11. TRANSPARENCY AND THE FUNDAMENTAL RIGHT TO ACCESS INFORMATION UNDER DIRECTIVE 2019/1937

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 Read more…

10. TELECOMMUNICATIONS AND DATA REGULATION, AMENDMENTS 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 Read more…

8. THE EUROPEAN PUBLIC PROSECUTOR’S OFFICE UNDER COUNCIL REGULATION (EU) 2017/1939 OF 12 OCTOBER 2017 ESTABLISHING CLOSER COOPERATION FOR THE ESTABLISHMENT OF A EUROPEAN PUBLIC PROSECUTOR’S OFFICE. BETWEEN APPROPRIATION AND SABOTAGE BY THE SPANISH JUDICIARY

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 Read more…

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 Read more…

6. SCOPE OF THE EU’S SOVEREIGNTY, COMPETENCE AND JURISDICTION WITH REFERENCE TO THE SPANISH STATE IN APPLICATION OF EU DIRECTIVE 2019/1937

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 Read more…

5. THE FIGURES OF THE INSTRUCTOR, 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 complaints channel is not, like others, defined as such in Read more…

4. MAILBOXES AND COMPLAINT ROUTES TECHNICAL-LEGAL ASPECTS OF THE MAILBOXES OR INTERNAL COMPLAINT ROUTES, OF DIRECTIVE 1937/2019 EU

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. Read more…