‘Quickie’ divorce Italian style

Italy’s newly introduced law on divorce will have considerable socio-economic implications. Its positive impact won’t be, however, as wide-ranging as originally thought. The reform of the antiquated law could have gone farther and match, for example, the one adopted by Spain in 2005

Corporate criminal liability: similarities and differences between Spain and Philippines

This paper focuses on the topic of corporate criminal liability and the common and opposite aspects that regimes of Spain and The Philippines have. On the one hand, in Spain, criminal liability of legal persons has suffered a deep reform with the organic law 1/2015, after being introduced in year 2010. This reform has brought important modifications and news, as the creation of an exemption of liability through the adoption of compliance programs. On the other hand, corporate criminal liability is more limited in The Philippines, being criticized by the doctrine that, rather to impose this kind of liability to companies, natural persons as directors, officers or employees of the corporation are the only ones considered responsible for some crimes. The analysis of both regimes, the Spanish and the Philippines one, will comprise different aspects of the issue as the crimes for which companies can be criminally liable, the ways to require to them criminal liability or their exemption of it and the possible sanctions that can be imposed. The comparative study will bring out the positive and the negative points of both regimes.Universidad de Málaga. Campus de Excelencia Internacional Andalucía Tech

Waiting for the Verdict on Spain\u27s New Jury System

This article discusses Spain’s history of trial by jury, focusing on the reinstatement of trial by jury in Spain by the 1995 jury legislation implementing Article 125 of the post-Franco Spanish Constitution. It discusses key provisions of the new Spanish jury law with illustrations from the cases of Otegi and others. It also predicts as to whether the classic jury will acquit itself as a catalyst for criminal justice reform in a Civil Law system such as that of Spain

The Global Employer: The Employment Law Review and Reform Issue

[Excerpt] Although the economies of many jurisdictions are improving, there is still some lingering global economic uncertainty. It is no surprise that governments the world over continue to revisit their employment laws to see what else, if anything, can be done to further stimulate their economies. 2013 was another busy year for employment law reform. Baker & McKenzie’s Global Employment Practice Group is pleased to present its 55th issue of The Global Employer™ entitled “The Employment Law Review and Reform Issue.” In this issue, we review changes to the law in 2013 and a look at pending changes for 2014. Included, you will find information pertaining to the leasing of employees in Germany; new measures in Spain intended to promote employment among young people under 30 and employee privacy rights over employers\u27 controls; challenges to the applicable interest rate to worker\u27s claims in Argentina; how employment law reforms will significantly impact employers in Mexico and in some specific cases, may considerably elevate increase the cost of formal employment; and controversy around making the Colombian Social Security System more progressive. We also review several significant legal developments in China during 2013 that impact employers operating there; legislative changes that were expected in Hong Kong in 2013 that may be implemented in 2014 including a focus on discrimination in the coming years; and welcome changes to TUPE and automatic pension plan enrollment in the United Kingdom

The punitive turn in Spain. Is the welfare state able to resist it?

In recent years there is a tendency to carry out penal reforms in Spain very often, as it also happens in other countries. During its twenty years of existence, the Spanish penal code has already been modified more than 30 times, on an average of more than one penal reform by year. Most of them have increased punitiveness by widening the categories of crimes, raising the penalties, and making the penitentiary system less flexible, especially for some criminal offences, all leading to a very high prison population. Although there are no alarming crime figures in Spain and experts consider it appropriate to decrease punitive pressure in some areas, it seems that this could only happen for utilitarian reasons, within a context of economic crisis that makes it unsustainable to maintain such a high prison population. The investigation has shown that there are many processes and practices indicating that the law and order model is consolidating itself in the Spanish penal system, leading to a punitive turn. Nevertheless this process has a different intensity at each phase, being stronger at the legislative stage and softer in the penitentiary enforcement phase. One of the main conclusions is, therefore, that the designed instrument is ideal for measuring the degree of penetration of the model throughout the system. The most striking results of the research will be presented at the III Scientific Congress on the Law of The Philippines & Spain, and some proposals to resist the punitive turn will be made.Universidad de Málaga. Campus de Excelencia Internacional Andalucía Tech

Has Austerity Worked in Spain?

Since 2011 Spain has pursued a set of economic policies for recovery based on internal currency devaluation, labor market reform, fiscal consolidation, and structural and deregulatory reforms such as the Market Unity Law, which are based on the idea of boosting growth through increased efficiency. Unemployment is currently at 21.6 percent, and 47.7 percent for youth, with about 60 percent of the unemployed out of work for more than one year. The number of people classified as at risk of poverty and social exclusion has risen with the unemployment rate, from 10.4 million people in 2007 to 13.4 million in 2014.This report looks at Spain's recent economic history, both before and after its recession, with a focus on employment, contributions to GDP growth, and the current account balance

Contra la llamada 'propuesta Gallardón' para cambiar la regulación del aborto en España. Against the 'Gallardón Proposal' to change the abortion regulation in Spain

This article analyse the underlying arguments in the debate of abortion and its regulation, focusing on the known as 'Gallardón Proposal' for modification of the current law in Spain. From the perspective of respect for women's autonomy and their recognized rights, I argue against the different items of the reform bill, concerning the doctrine of the Spanish Constitutional Court, as well as various reports published in the field

Reformasi Konstitusi dalam Transisi Menuju Demokrasi

Constitutional reform is one of the most important ways undertaken by some transitional regime to establish a democratic government. This kind of reform has many models. In Spain i t is called reforma pactada-ruptura pactada involving "negotiation" among elite, and a "rupture" from the previous regime whose legacy cannot be maintained any longer. The similar model, with different stressing, also took place in Taiwan. As Indonesia is now facing its critical moment in managing political transition following a thirty-two-year authoritarian regime of New Order, a comparative study is valuable in giving inspiration on what route should be pondered. One important political decision to be taken is to reform the constitution, namely the UUD 45. Since its broad and open-to-interpretation character and its executive-heavy, the constitution is easily manipulated Yet, the constitutional reform idea has been critical as it is suspiced by certain groups with its concern on the total changing of the law, and also because the law has been merely a sacred text which left no chance to be reformed. This article suggests that the constitutional reform is possible, it is even a must, as long it is still in the path of the preambule as other country cases had shown how significant the constitutional reform for the process of democratization

REFORMASI KONSTITUSI DALAM TRANSISI MENUJU DEMOKRASI

Constitutional reform is one of the most important ways undertaken by some transitional regime to establish a democratic government. This kind of reform has many models. In Spain i t is called reforma pactada-ruptura pactada involving "negotiation" among elite, and a "rupture" from the previous regime whose legacy cannot be maintained any longer. The similar model, with different stressing, also took place in Taiwan. As Indonesia is now facing its critical moment in managing political transition following a thirty-two-year authoritarian regime of New Order, a comparative study is valuable in giving inspiration on what route should be pondered. One important political decision to be taken is to reform the constitution, namely the UUD 45. Since its broad and open-to-interpretation character and its executive-heavy, the constitution is easily manipulated Yet, the constitutional reform idea has been critical as it is suspiced by certain groups with its concern on the total changing of the law, and also because the law has been merely a sacred text which left no chance to be reformed. This article suggests that the constitutional reform is possible, it is even a must, as long it is still in the path of the preambule as other country cases had shown how significant the constitutional reform for the process of democratization. Kata-kata kunci: Reformasi konstitusi, transisi politik, demokras

Political competition and societal veto players: the politics of pension reform in Southern Europe

While Southern European countries have pursued a series of pension reforms since the early 1990s, significant variation arises across them. Focusing on the concept of political replacement risk (the probability of a government being electorally punished for pursuing a given policy) and the changes in the labor movement's organizational structure, this article seeks to elucidate the differences in reform outcomes, in Italy, Greece, Portugal and Spain. Our analysis shows that significant reforms are implemented when governments face a high political replacement risk and the labor movement has undergone changes in its structure. By contrast, governments facing a stronger labor movement will generally be less effective at passing significant reforms, unless they can secure a strong support over the necessity to implement reforms