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More about calls for full and deadlines.

is recurrent calls for extraordinary full compliance with the requirement to convene two working days in advance so tight. Something which together with the lack of clear laws and regulations in this area makes repeated conflicts occur, that being formal, they often end up in court.

conflicts often stem from the interpretation of "absence of the notice in accordance with law," taking into account the provisions of article 46 of Law No. 7 / 1985, 2 April, regulating the Rules of the Local. The

Art. 46.b) of LRBRL says "The plenary session be convened at least two working days in advance, except the extraordinary that have been on an urgent basis, the invitation to this character must be ratified by Parliament. "

full documentation of the items on the agenda, which should provide a basis for discussion and, if necessary, vote, must appear at the disposal of the Aldermen or deputies, from the day of the call, the Secretary of the Corporation. Rather than by itself game and non-working days as we mentioned in another post, is distorted. A call made by 23 December at 15 hours will be at the municipal level, to be on the 24th working but not working, you restrict access to information until the day of the plenary.

The article 5 of the Civil Code says:

1 .- When not otherwise specified, in due time for days, as of a given, it would be excluded from the calculation, which should begin in the next day, and if those deadlines were set for months or years, counted from date to date. When the month of expiration equivalent to no day of reckoning, it is understood that the period expires the end of the month.

2 .- In computing the deadlines calendar does not exclude a holiday.

The article 47 of the Administrative Procedure Act July 17, 1958 (hereafter LPA) said:

1 .- The administrative acts are void in the following cases:

a) The dictates for manifestly incompetent body.
b) Those whose content is impossible or constitute an offense.
c) The total issued and absolutely ignoring the legally established procedure for this or
standards containing the essential rules for the formation of the will of the collegiate bodies.

2 .- They will also be null and void Administrative provisions as provided in Article 28 of the Legal System of State Administration.

The article No. 59 of the Administrative Procedure Act of July 17, 1958, which reads: The deadlines will always have from the day following that on which the product service or publication of the act in question. To which is added by a municipality refers to the journal "The consultant of the councils" that No. 201/86 stated:

"Given the general principle that in due time by days begin to run from the day following the notification or publication of the act, as have both Article 5 of the Civil Code as 59 of the Administrative Procedure Act July 17, 1958, the requirement of Article No. 46.2.b) of Law 7 / 1985, April 2 (EC 404/85) with the same content as that provided for the special sessions Article 294 of the Local Government Act 1985, means he has to mediate, at least two full business days, so if the session is to be held on 21, and assuming the nonexistence of a holiday before, the call should be made as late as 18. "

is true that at the municipal level it is customary to serve notice be not" within days "but as the expiration of 48 hours after the call is delivered and the beginning of the session. Something that I put in doubt and that creates great injustice. And also, I do not think legally hold based on our current rules.

In conclusion, an application is arbitrary, unfair and varied deadlines are met in full calls. But view of this blog is that the legal standard that persists, as case, is:

2 working days counted from the sitting back, not counting the very day of the completion of the session and following the official calendar of working days in local government. The manners and customs ..... leave it till your home.

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Business Day or non-working "?

purposes of calculating deadlines in the General State Administration, are considered legal holidays:

• throughout the national territory: Sundays and days declared as national parties can not replace, or for which all the Autonomous Communities has not exercised the power of substitution.
• Within the territory of the Autonomous Communities: those days determined by each Autonomous Community and holidays.
• in the territorial areas of the entities that comprise the Local Government: day be established by the Autonomous Communities in their calendars for a holiday.

The detail of those non-working days should be sought in the annual publication in the Official Gazette realiaza and take into account the specificities at regional level and local levels to be determined for each .-

should be made clear in any case (along the lines of the following blog ) the following:

1. The Saturday, unless they are holidays, consider working in the calculation of deadlines, whether that day the gates of the vast majority of administrations are closed. Although, through its housing electronics can do all kinds of paperwork that day. The
2. 24 and December 31 , but are closed the majority of government, are considered for all purposes as business day. If
3. maturity falls on a legal holiday the end of the term will automatically go to the next business day. Thus, even if such maturity occurs within a local area (eg Tax Administration in a village) would be affected equally by the non-working day (in this case) "only for tax purposes" all taxpayers who are assigned within the scope of the Tax Administration.
4. The timing of a holiday not nothing to do with issues on their own or for family matters or individuals who enjoy all civil servants , governed by its own civil service rules for your territory.

The timing of a holiday is available at different site, although some offer a consultation more attractive than others. These are:
- The BOE
- The Portal of the citizen ( www.060.es )
- Some sites specifically dealing with the issue.

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Avatar

I just arrived home after seeing Avatar . 3D, of course, because, as my father, "How note that do not work, ****!" 10 € to see the Smurfs ? . " Yes, that one day is one day. Feeling general? Pretty good, but with some shadows later comment.

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all against child pornography

NIC-AR

Nic click on the Login to join against child pornography in Argentina.

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the GPL is valid according to a French court

's ruling this month said that a company that use GPL'ed code must give the source to whom the request. What is surprising is that those who demanded was a user, not the author of the software as they had in Germany. Full Review iTWire

What is GPL?: The GNU General Public License, better known by its English name GNU General License or simply publish it its English acronym GNU GPL is a license created by Free Software Foundation in 1989 (the first version), and is aimed primarily at protecting the free distribution, modification and use of software. Its purpose is to declare that the software covered by this license is free software and protect ownership attempts to restrict these freedoms to users. There are several licenses

"sisters" of the GPL as the license GNU Free Documentation (GFDL), the Open Audio License, to musical works, etc., and other less restrictive, as mgpl, or LGPL (Lesser General License publish it before publish it License Library General ), which enable dynamic binding of free applications to non-free applications.

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reform the law of crime: identity theft, grooming and cyberbullying

lawyers and Raul Martinez Daniel Monastersky Fazzalari reform drive to include these practices are increasingly common, Penal Code. The Computer Crime Act, passed in June last year, does not contemplate. You can read the full story in Judicial Journal

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Facebook's alibi in a criminal

A note on the Washington Post reports a case where a person was acquitted because he could prove that at the time of the crime, an armed robbery in Brokklyn-town had posted on his Facebook account from the house of his father in Manhattan, an update of your account .

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case Unpaid: Lost One of mine

I consider everything a "seriéfilo" if I may say so. While my roommates throw a nap, I remain faithful to my appointment with a capitulillo, and if at night insomnia attack me (quite often lately) it is not uncommon to fall another. To give an example, I now more or less on time series as Dexter , House MD, Scrubs , Cougar Town, Modern Family , How I Met Your Mother , The big bang theory ... without which I stopped watching because I did not like. But I had a lady
unfinished business: Lost (Lost) . Weird, because everywhere (known, forums and blogs series, critical audience ...) I came evidence that was one of the best series of the decade. But I personally I have a problem when something like everyone automatically loses much interest to me. I know, I'm pretty Especialito , but what can we do. With Prison Break similar thing happened to me, but this time I was right: is rubbish, for many fans who have, and its formula is too simple: chapter after chapter, sr. Scofield is presented a new problem to escape from prison, and after solving it, appears a new and unexpected, with a cliffhanger after another. In the end, time has given me the reason has finished in haste, straight to DVD (was suspended in TV).

But this time was different. Lost has all the ingredients to make a season in the dramas and intrigue, something which clearly has already done. From a simple but effective approach, with a touch of "unexplained paranormal activity, we will introduce little by little in a plot in which, from the first episode, you realize, while its many characters, that will happen something big, you're faced with a story that is not like others.
In my opinion, in these characters is the key to its success . The remaining elements can even be considered secondary, as we all know that paint series as well, but then make water everywhere. For example, Terminator: The Sarah Connor Chronicles , with very good approach (and especially background), falls to mature with little or no charismatic characters, which reduced interest to the plot. Another example, more case to be another series with many players, it Heroes: decent overall, but there are some plots of certain characters that are quite slumber, and there are plenty. Lost In , however, not practically none. Over time, you admire to some and hate others, and the oddest thing is that you alternate between love and hatred for each character as a basis of flashbacks, you know his past.
Well, that, that once I was wrong to not give it a try and now, slowly I advance towards Season 6 will be the final and issued in early 2010. "The only downside? Being on exams, because if not, I know one that would stick the odd marathon ...

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born the "Class Action" Creole and as always ... the hard way.

Failure: Halabi, Ernesto c / PEN - Law 25,873 - dto. 1563-1504 s / 16,986 law under


SCJ [24-FEB-2009] The Supreme Court declared unconstitutional the "Spy Act" preventing the State listening to telephone or e-mail monitoring without a warrant. Protect privacy on the Internet and telephony and by creating a "class action", the statement that 25,873 law unconstitutional, it acquires a collective dimension applicable to all citizens.

extraordinary appeal by the National Government, represented by Dr. Mariana Tamara Saulquin. Transfer
answered by Dr. Ernesto Halabi (ex officio).
Court of Origin: National Chamber of Appeals in Federal Administrative Court II.
courts that intervened before: Federal Court of First Instance in Administrative Federal No. 10.

The most important decision point 13 ... :

13) That the source of this type actions required to verify a common factual cause, a procedural claim focused on the collective aspect of the effects of that fact and the finding that the individual exercise does not appear fully justified. Notwithstanding which also apply if, despite being of individual rights, there is a compelling state interest in protecting them, is of their social or under the particular characteristics of the sectors concerned.


The first element is the existence of a complex single event or cause injury to a significant plurality of individual rights.

The second element is that the claim must be concentrated on the effects of common and not what each individual may petition, as in cases where there are facts that harm two or more people and can motivate actions first category. Thus, the existence of cause or controversy, in such cases, not related to differential damage suffered in each subject area, but with the homogeneous elements having a multiplicity of subjects to be affected by the same event.

The third element is required that the individual interest in isolation, does not justify the promotion of a demand, which could be affected access to justice. Notwithstanding the foregoing, as anticipated, the action will result in anyway from those cases in which preeminence other aspects relating to matters such as the environment, consumption, health or affect groups that have traditionally been neglected or if weakly protected. In these circumstances, the nature of these rights beyond the interest of each party, and at the same time, reveals the presence of a compelling state interest to protect it, meaning the society as a whole. In this regard, Articles 41, 42 and 43, second paragraph, of the Constitution provide a pattern in the line exposed.

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This week we conclude the first semester classes. Normally, when just a subject, the teacher made only says " Hope you have luck in examination" or something like that, you drop a aplausillo polite and start with a fresh wind.
The last class of Trauma was different, as they have been the others. They are an example of what I think it should be a subject: crush up the boredom of the four important things each subject. And now. Also, the guy who gives us a (I can not call it otherwise) showman. In every way. After a lot of nonsense and imitations of patients prototype has gotten us the concepts are clear minimum for survival in emergencies (yes, in the MIR we will remember his family ...).
The grace of her departure lies mainly in imagine a gentleman in his sixties and a few lifted their hands toward the audience and saying:

"May the force be with you"

Their applause was not only polite.

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The secret of his eyes

write again to talk about a movie. And again I do well after its release, but this time I've spent three towns, I think it is most theaters (nearly two months ago was released.) Truth is I saw long ago, I do not understand how I could not think to recommend it on the blog at once, because it mejorcito what I've seen this year. I'm talking about The secret of his eyes , directed by JJ Campanella ( Luna de Avellaneda, the bride's son ...).

Where to begin? Difficult. Why has it all. For example, a sublime script, written halfway between himself and E. Campanella Sacheri ( writer's question eyes, the book on which it is based). We are located in Argentina in the 90's, in which Benjamin Exposito, a retired judicial system intended to write a novel about a brutal murder occurred 20 years ago. From here, we embarked on a parallel development of the two time lines, very smooth and natural (we do not lose at any time), carried on wings of characters who are just outstanding.
While advancing the investigations, Expósito, always helped by Sandoval (a secondary comic book played by Guillermo Francella , which immediately sympathetic to the viewer), delves into a plot that goes dark at times, giving place a piece of thriller whose background a complicated love story between the protagonist and Irene Menéndez (Soledad Villamil ), as turbulent as the crime is reported. This trio of players gives a strength to extraordinary film, based on a series of dialogues and situations (how nice could include a hypothetical example book entitled How to write a good script ) interpreted so that the viewer perfectly captures the chemistry between the three, making a believable story 100%. A bit in the shadow of these giants is Javier Godino , which shapes Isidoro Gomez , the main suspect in the murder, but also gives us highlights.
Bottom line? An awesome movie , with all the letters. Film both Affinty Imdb as have mean scores close to 9 / 10. Say it sounds like a candidate to Oscar for best foreign film, and no wonder. In fact, if American, he would fall more than one ... I leave you with the trailer .

* Thanks to films how are you I'm "starting" in Argentine cinema, the truth is that what little I've seen I liked. I thought we could also write about movies that I do not recommend, because in the end it seems that everything is compliments ...

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The Future of Medicine

just last week seminars "practical" for the first quarter sixth. I say "practical" because some simply give the agenda does not fit into the usual program, and others are simply repetitions of lectures. The exception to the rule have up a series of 3 2-hour seminars are entitled "Integrated Clinical Cases", given by Deputy Internal Medicine. It is basically
before us a case, more or less complicated, a group of about 20 to 30 projects a doctor and as a group, we propose the exploratory maneuvers and tests additional we would ask in each case, and with Professor correcting us, if we move in together. Until guesses the next step will not proceed to the next issue of the case, until you diagnose and offer treatment. It's pretty fun because you get excited and think, Damn, how much we know, right?. Are beginning to pay off these 6-year career. We want to call our mother, we inflate as turkeys, believe us capable of anything, the next House , Wilson and Cameron .

Until the next day reality hit me that smack. One morning, between relatively things easy as a failure decompensated heart failure, a sinus infection and iron deficiency anemia , diagnosed between all Takayasu's disease and Sarcoidosis. That's nothing. But then, when I say that I was aware of the reality, naive of me is that I realized that the trap was precisely this, that 25 heads thinking we were a fairly competent physician. But surely the same situation, individually, we would have water everywhere. But do not need to see us with a simulator of emergency is in the computers of the faculty, which takes away thousands of points for such obvious things as forgetting taking blood pressure or oxygen to certain occasions. I hope that during our initial guards, our work will be quite limited since calmed me enough to hear from an attachment: " you do not worry about that, do not expect anything a R1." Well, I'm relieved, but I also reiterates the harsh reality: we will leave the race without having any idea bitch, and I look at my first duty was JD in Scrubs pilot :

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Microsiervos The no-effect

The other day I had the opportunity to publish a photo I WTF? a Microsiervos section. The photo in question was this:

No more funny things like that tend to hang there. The thing is that a friend told me: "You'll see, if you refers Microsiervos're going to rain visits, 2000, no one takes both. Now you have to do is a hell of entry for loyalty new customers. " Here I am, as a child with new shoes: What do I write? What do I do? Who am I? Where do I go? Who sent you? And so forth. What pressure. Total hours earlier before I write the entry for me comes a sudden nose-shaped orbital trauma with broken glasses, plus added complication of losing parts. No entry or anything. Shit. The next day I open the Google Analytics to find out how many future visits I pulled the tank and I find the following:

A peak little shit, if I had known nothing I would not have even noticed. Well, that, in my case, the effect Microsiervos does not apply, and what would have helped me get a handful more visits per day (my flatmates asked me if the pay, why bother me), has become ... nothing, basically. We were the usual, not that I'm complaining, I hope not to appear to be begging for views and comments ...

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Architects and inconsistencies in the municipal area

I leave a document we can conclude as regulating the incompatibility of practice as an architect in a city where political authority is exercised or advice. -------

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The "kindness" of reggaeton Unknown

I know that, fortunately, my opinion about reggaeton is fairly widespread among people with half a brain or more: I hate to death. Not only because the main argument often raise against him (Letters and emptied once full of sexism could not be more pathological), but for many other things. For example, the quasi-obligation of any quinqui that claims to be to make it sound to a decibel blast from their cars tuneaos (at least broken the hegemony of hardcore, breakbeat the other chunda -chunda ), or the hassle (for me at least) go by bus while four guys at the same time make it sound different temazos on their mobiles. Because that is another, emulating his "brothers" maxi-tuning, and without having ever heard in your life on the headset, we liven morning to all public transport users with their doggy .

Because many people have talked more and better than me on reggaeton, here are a video with the modus operandi of pro-life groups, who put videos of abortions in the 70's as bloody as possible as an argument irrefutable express what they want. This particular video also makes the hair stand on end, and gives a lot, but very sad.

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Islands (II)

Because of an article a friend sent me by email This week, I would like an annex to this entry some time ago in which I expressed my amazement (if not indignation, as it seems I have no right to both) to the fact that in the rest of Spain know nothing about us or our land canaries. I had not planned to talk more about it, but this text that I went and had forgotten too long good not to teach. Expose
The case now goes a little beyond ignorance. This is an opinion piece about 3 years ago, which fell quite badly in the press and the islands' society (I did not hear about firsthand then is what you have to live away from home). Was published in the journal DNA (if you know it, most likely because you may have a raised eyebrow), and it's so surreal the first thing that came to mind was that, obviously was a satire ... until I realized that it was, but halfway, because he left the printing of DNA , precisely, and I know how they spend. I say this knowingly because for a time this newspaper distributed free every morning in front of my school, and was lucky enough to "enjoy" every morning. Let's see the article in question before anything (Sorry for the bad quality of the image):

That's nothing. Our friend Javier Calvo loose this " patujada " and is wider than long. To which I mentioned earlier with the "quality" journalism DNA that comes to mind in these wonderful opinion columns as the one in question is released for journalists like the likes of Lucia Etxebarría among others, also have to throw them to eat separately. As seen in this language would think anyone read what is being published say " Macho, give some thought before writing . Let no one misunderstand me : it is clear that it is done jokingly, but it was an awful shit. I like to think I appreciate a text written with irony, but this ... is that not even funny. In fact, have so little grace that gives the feeling that is written in clear and serious ... many, apparently interpreted it literally (since, according to Saint Google, this man had been criticized Articles previously thinly veiled racist tone). From what I've seen, mine is not an isolated opinion, and the newspaper was forced to withdraw the item from your web and make a correction the next day apologizing to readers.
Another example of ignorance, and the results that we get if we add to the will to make jokes with no idea how.

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right to information of the council.

The following report is justified in the request of the Municipal Group PSOE in the City Council to be Algete I refer all mayoral decrees had been adopted from a specified date until the date of the letter of request. Something that is denegaod by the Mayor of the City of Algete reference to Article 42 of Royal Decree 2568/1986 of the Rules of Organization and Functioning Legal System local entities.

I leave my legal report:

This report attempts to set out the irregularity of the claim, who exert the greatest representation of the municipal government, wants to limit access to information that by law the council hold and control function control of governing bodies:

"Political pluralism, which is higher in our legal system involved, usually the reins of government and administration of the local authority is in the hands of the representatives of community, while the rest should be devoted to control this action government, in a work called opposition. For its proper exercise is obvious that the representative will need to be well informed, so you can make an effective performance of their duties, pleasing and citizens who have placed their trust. Thus entitled to participate in public affairs which will become fundamental through Article 23 of the Constitution, " Iñaki Sanchez, Legal News (1999).

English Constitution:

Article 23.
1. Citizens have the right to participate in public affairs directly or through representatives, freely elected in periodic elections by universal suffrage.

The first standard that specifically regulates this right is found in the art. 77 of the LBRL. Its intention is clear, "All members of local government are entitled to have the mayor or president or the government commission few records, data or information held by the corporation and that are required for the development of its function .

Art. 77 of the LBRL necessarily complements, and gives content to the art. 20 LBRL establishing the compulsory participation of councilors in the preparatory bodies to the full and making it viable for control and monitoring function of the organs of government, with access to information, a right essential to fleshing out the roles of political opposition groups and to protect our system.

then transcribe the three articles of ROF we consider essential to determine the extent of the right to information held by council in the exercise of their functions within local authorities:

Article 14.

1. All members of the local governments are entitled to have the Mayor or the President or the Committee on Government how many records, data or information held by the services of the Corporation and that are required for the development of its function.
2. The request for access to information be considered granted by administrative silence if the President or the Government Commission issued no decision or refusal is in agreement within five days, counting from the date of application.
3. In any case, denial of access to information documents will be made through a resolution or agreement motivated.

Article 15.

Notwithstanding the Item No. 1 above , administrative services Retailers will be required to provide information without the member of the Corporation authorized to be credited in the following cases: 1.When
concerning access of the members of the Corporation who hold offices or management responsibilities, the information pertaining to them. 2.When
concerning access of any member of the Corporation, information and documents relating to the matters that have to be treated by the collegiate bodies that are members, as well as the resolutions or resolutions adopted by any municipal body . 3.When
concerning access of the members of the Corporation to information or documentation of the local authority that are freely accessible to the public.

Article 16.

1. Consultation and concrete examination of the records, books and documents in general is governed by the following rules:
The general consultation of any record or paper trail can be done either in the general file or in the unit where you are, either by deliver them or copy to interested member of the Corporation for inspection in the office or rooms reserved for members of the Corporation. The issuance of copies is limited to the cases cited by the council free access to information and where this is expressly permitted by President of the Commission of Government.
In no case records, books or records be removed from the provincial town hall or palace, or the corresponding departments and offices.
Consulting the minute books and books of orders of the President must be on file or in the general secretariat.
The review of files for session will be considered only where they are apparent from the call.
2. In the case as provided for in paragraph a) of the previous number, and for purposes of appropriate administrative control, the applicant must sign a receipt and shall be required to return the record or records within a maximum of forty-eight hours or less, depending on the needs of processing the file in question.
3. Corporation members have a duty to maintain confidentiality regarding the information furnished to them to enable the development of their role, notably of which have been prepared as background for decisions that are still awaiting adoption and to prevent the reproduction of the documentation provided that may assist them, in original or copy, for your study.

Before proceeding we must clarify two key issues in the issue try:

1 - You can not make restrictive interpretations that lead to consider the council in the same position for access to information that the system regulates and protects citizens. The right to information as a councilman is also the right as a citizen.

2 - The system regulates access to information documents, reports or data files on which has not yet resulted in a resolution. Otherwise, the order is clear: free access without formality.

The procedure for access to information is governed by the provisions of art. 14 that in summary states request the mayor in writing or orally, who if he decides to also orally, it shall request the clerk to place on record the response. The deadline is 5 calendar days and not be refused access to information without a reasoned decision.

Based on the information provided must conclude therefore that:

1. The written request and specific decrees municipality is properly conducted by the Municipal Group PSOE in the City of Algete.
2. The response by Mayor denying itself access to this data was adjusted for time and manner as prescribed by our system: 5 calendar days with a reasoned decision.
3. The mayor decrees are considered valid from its signature.
4. The mayor decrees can not be regarded as pending actions and therefore can not be refused access.
5. Art. ROF 42 of the mayor referenced applies to the obligations of the Mayor with respect to the House, but can not be used as justification for limiting access to information of the council of the municipal corporation.
6. Consideration of ordinances and acts in force has resolved to understand that does not require or even request for access and that should be in possession of the city clerk, it must allow free access without reasonable request.

LEGAL CONSEQUENCES OF DENIAL OF ACCESS TO INFORMATION TO A COUNCILLOR:

repeated sentences have considered this act as a violation of fundamental rights of the council, including the English Constitution, and has protection of both the criminal and the administrative system.

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objection to abortion.

We leave the issues I regularly. But I find it interesting from a legal standpoint. Therefore I dedicate this post to summarize the position of those advocating conscientious objection professionals care to abortion and its legal treatment in the English legislation.

from a reality. In Spain, conscientious objection is not regulated in a clear and concrete. This leads to a more constant reference to the jurisprudence of the Constitutional Court in this case to Case 53/1985. This ruling established jurisprudence regarding the recognition of the objection of doctors to abortion in relation to Article 16 of the English Constitution, which guarantees "freedom of ideology" and not recognizing the existence of specific legislation, but because it signifies and demonstrates civil respect to freedom of thought people.

This article does not do, however, interpretation of what sets it own Code of Ethics and Medical Ethics. Because we do not, their very existence and validity, it is only possible if there is a recognition of superior order to conscientious objection. In this issue must be highlighted as at European level these texts are considered Medical Guide and not complementary legislation. And as a curiosity, we refer to Article 18 of the European Medical Ethics Guide to learn that the objection is treated as a performance "according to medical ethics" which is based on "belief personal "and that allows you to conclude its refusal to" intervene in reproductive processes or in cases of termination of pregnancy or abortions. "

What rights are those that protect conscientious objection to abortion?
This issue we deal with it from two aspects. First, a right to life recognized and guaranteed by art. 15 of the EC, which is a higher value of constitutional law and is the essential fundamental right without which all other rights have no possible existence. Second, a fundamental legal value as the dignity of the individual and is recognized in the art. 10 as the basis of the rights of individuals.
Following the submission of all powers to the Constitution we must understand that, and in conjunction with fundamental rights are protected, the State's obligation not to injure the individual or institutional area protected, but also "a positive obligation to help the effectiveness of such rights, and the values \u200b\u200bthey represent, even when there is no subjective intention of the citizen. "

What is meant by conscientious objection?

means conscientious objection people's refusal to follow a behavior that it considers incompatible with their own ethical convictions and ideologies. Since this behavior required by a rule, contract, judicial or administrative.

objection Is consciousness a fundamental right?

While STC 53/1985 established jurisprudence in the specific subject of conscientious objection in the case of abortion. It has been generally accepted referral to the STC 161/1987 of TC to clarify that specific assessments of individual cases are made of objection does not imply recognition of this fundamental right.
From this we conclude that it applied to conscientious objection in the case of abortion for health professionals does not apply to other cases, nor should be construed broadly and comprehensively. Proponents
recognition of conscientious objection as a fundamental right have interpreted these statements and other widely applied to specific cases, but mostly, wanted to affirm the lack of content and the lack of protection that is Article 16 EC ( ideological freedom) if there is no more fundamental right to conscientious objection is a clear reflection of this ideological freedom.
Debate is on this crucial issue in considering conscientious objection as a broad general right to protection and enforcement or otherwise, its restrictive application and interpretation with respect to other rights, rules and resolutions.
end this point with specific reference to the STC 161/1987 and in particular its position clear on the question: "Conscientious objection, in general, ie the right to be exempted from complying with the constitutional or statutory duties by that compliance be contrary to their own convictions, is not recognized or could imagine what was on our right or any right it would mean denial of the State. What may happen is exceptionally permitted in respect of a specific duty. "

What legal status is the "unborn child" for the conscientious objector?

conscientious objector, health professional who refuses to practice or participate in an abortion considers the fundamental right to life as a right applied to the "unborn child" in all its breadth. Human life is a becoming, a process that begins with gestation, during which "a biological reality takes corporeal and sensitive human settings." And thus implying that the very "unborn child" becomes a holder of rights not be violated or infringed because "within the qualitative changes in the development of the life process, birth is particularly relevant. And prior to birth has special significance from the time that the "unborn child" is already capable of independent life of the mother. "
can not legally within our rights essential to consider these arguments support the thesis that the" unborn child "also falls within the ownership of the right to life, but in any case" the decisive to the issue of conscientious objection "is that" the life of "unborn child" is a constitutionally protected legal interest in art. 15 of our Constitution. "

moral limit to conscientious objection.

Honesty behavior becomes a clear limit to the application for conscientious objection. One enjoys the protection of law, and requires such protection, in the same way that recognizes the rights of others. It would not be credible objection claiming a right based on criteria that go against the very values \u200b\u200bit claims a defense. Honesty
of conduct and lifestyle consistent with the principles that you declare to defend. Terms

to register an objection.

The CEA believes that generally the application that performs a toilet to be relieved of a certain type of responsibility should be respected when they give both the following conditions:

1 - The request comes as conscientious objection to participate in a particular type of procedure or treatment and is not as opposed to a refusal to treat a certain type of patient.
2 - The request appears to correspond to a value that the employee had with persevering fidelity.
3 - The responsibility of care for which the employee claims to be excused is not central to the profession
4 - Written statement of the petition of objection. Which will be valued positively which was issued prior to the existence of a conflict.

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Yesterday, Saturday, ABC published an interesting letter from our friend Rosa Maria Guallart Laguarta.

"The news of the cessation of work on the building of the Prado is good news for all Seville because it gives a note of confidence in justice and reason. What a great lack us! And when the first decision declaring illegal, both residents of Orchard of Health as the groups that make up the Platform in Defence of the Parks and Gardens in Seville, did an act together in this work support this verdict and the judge who issued . I I joined them. Plated by TSJA!. Start this work, besides being a rashness by the authorities concerned (they knew they were nine litigation brought by neighbors) has made clear the arrogance of the current authorities to the feelings of the citizens. Coming to be, would represent a precedent for that at any moment could snatch a public space for the sake of fancy any all powerful. Mr. Mayor and Mr. Rector of the University, you should be an example of compliance with the law and justice, because if you do not comply and abide by you, what do they expect of others? An error as large as this, which also will cost a lot and not just your wallet, but of citizens, should be reason enough for both to resign. This happened when politicians were real and based on its own merits of knowledge and experience demonstrated. It should be understood that a politician in its class can do no wrong and if you do, then goodbye. Should forget a bit of building his dream and listen and try to figure out what es el de los demás. Salir de Sevilla, en cualquier dirección es ir hacia otro mundo mejor. Esto lo digo con un gran sentimiento de tristeza." (Rosa Mª Guallart Laguarta)

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Library Prado Suspension Auto TSJA HAMSTRINGING

El Auto de Suspensión del TSJA que ordena la paralización de las obras de la biblioteca en el Prado ha sido muy meditado con una argumentación muy sólida.

Reproducimos un resumen:

ANTECEDENTES DE HECHO

PRIMERO.- El presente recurso contencioso-administrativo nº 941/2006 se acordó:
1 º Cancellation of determining the eastern front of the Park as educational use
2 º Cancellation of determining the construction of the library in the Park.
3 The annulment of the acts that are issued or executed as a result of those determinations. SECOND .-

The July 8, 2009 the Owners of Diego de Riaño n º 9 called the provisional execution of the sentence. Construction should be stopped because of non-stop could become a fait accompli.

THIRD .- The University, July 16, 2009, opposed the provisional execution, arguing that it would cause grave educational and economic damage, not only the university but also to several companies involved in construction. Request an endorsement or guarantee of € 6,109,920.15.

FOURTH .- The Planning Department of the City of Seville presented his opposition to the execution, July 17, 2009. Argued that the application would cause irreversible damage situations difficult to repair. Request an endorsement or guarantee of € 6,109,920.15. FIFTH .-

The Andalusian filed its opposition to the execution, July 21, 2009. Plaintiffs argued that does not justify its request. Request an endorsement or guarantee of € 6,109,920.15.


LEGAL FIRST .-
respect to effective judicial protection requires that the verdict is met and that the appellant be restored to its rights and remedies, otherwise it would make judicial decisions in mere declarations of intent. SECOND .-

requirements that enable the provisional execution:
a) Is the request of the winning party in the instance that has occurred.
b) provision of sufficient security to cover any possible damage that may be, here is unnecessary.
c) The reasoned consideration of the repair of the damage and reversibility of the provisionally executed.

THIRD .- The statement must be regarded as cancellation of determination as educational use, for annulment of the determination of the construction and cancellation of the acts that are issued or executed as a result of the determination. Therefore, given cancellations involve not only the cessation of works but the demolition of the buildings replacing the previous state at the start of works. Along the same lines has been made in comparable circumstances.

FOURTH .- The provisional execution of the same can apply for a freeze in construction, demolition and replacing the primitive state.

FIFTH .- The request for provisional execution deserves to be called wise, for not requesting the demolition of the buildings or reset to the state before commencement of work, requested the stay only until the TS is rendered. The paralysis is not a situation or cause irreversible damage d difficult to repair, the completion of the construction would create a situation irreversile and damages very difficult repair. SIXTH .-

there be no doubt that the application postulates the public interests of the legal defense and protection planning the environment, which means that you should not get bail, it does not pursue a private interest but the public. Provisional enforcement
not adversely affect the interests educativos.La construction is not urgent or urgent needs, it is clear in perfect condition and proper functioning of a Main Library and each university has its own library and study spaces and research. The construction would cause much more damage if the TS confirm the sentence. SEVENTH .-

The other arguments are contrary to the provisional execution are not estimable.
The potential economic damage should have been taken into account and weighted as to the commencement of works, whose change of location was due solely to the University and against which comprised nine judicial review. Caution and prudence that now demand had to be laid before signing the document with the City Council on the University waived the requirement for liability to the Planning Department, in the case that the modified TSJA favorable interpretation the licensing. Was a high risk of economic interests and neglect.

Administration is acting orders the immediate cessation of construction of the library building without bond.

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THE CONSTRUCTION OF THE LIBRARY IN THE PRADO PRADO

After learning TSJA 9 failures against the construction of a library within the Jardines del Prado. A TSJA Auto Suspension of works required to stop construction of the university library in the Prado, without bail or bond. The car is very thoughtful, studied and argued, which gives it great strength.
Everyone should be happy, the result is great news for the great work of Prado Firm, headed by Emilio Molina, and the mass movement of the Civic Platform and the Parks and Gardens in Seville that includes over 50 organizations (Association of Friends Jardines de La
Olive Association Teachers for the Promotion and Protection of Historical Heritage "Ben Baso" Sevillana Association of Friends of the Gardens and Landscape, Ecologists in Action, WWF / Adena, A Contramano: Bike Assembly, Center for Historical Studies of Andalusia Association Friends of Jerome Park, the Committee for Educational Park Miraflores, Ecological and Cultural Association of Urban Ecology Workshop, Sterile Park Neighborhood Association, Baetica Nostra, ADEPA. Defense Association Andalusian Heritage, Adam. Association for Environmental Defense Marcelo Spinola, HARA Cultural Association, Association White White, Forestier's Civic Platform Castilleja de Guzmán, Los Verdes de Sevilla, Partido Popular, ASOF. Andalucian Wildlife Association, Association of Biologists of Andalusia (COBA), Workers' Retirement Historical Association (AHRO), Democratic Majority, Movida Tamarguillo Pro-Park, Zeppelin Residents Association (Old Airport), Association of Women Giralda, Nature and Health Association Foundation Ozone Andalusian Party, EXPOSURE Residents Association (The Future), Association of Neighborhood Gardens of Hercules (Bellavista), UPyD (Unión Progreso y Democracia), Orchard Neighborhood Association of Health, Federation of Independent Associations of Seville (CAIS) , Bloque Nacionalista Andaluz ,...).

I reproduce the note of EFE:

The TSJA ordered to stop work on the Library unless urgent Prado Sevilla, July 28 (EFE) .- El Tribunal Superior de Justicia de Andalucía (TSJA) ordered to stop work on the Central Library of the University of Seville in the Prado de San Sebastian because there is a project
"urgent and necessary" and to avoid possible future damage if the Supreme Court confirmed its cancellation.
The TSJA annulled the amendment a few weeks ago that allowed planning to build a library, the work of the Iranian Zaha Hadid, in response to complaints from residents of Calle Diego Riaño de Sevilla. The auto
TSJA, who has had access Efe, it appears that the court order "postulates the public interests to uphold the law and protecting the urban environment."
Andalusian court order, the order does not pursue a private interest but the public execution of the sentence that renders the status of the eastern front of the Parque del Prado de San Sebastian and educational use equipment for violating the legal-urban order.
With this measure, says the car, it seeks to protect the historically shaped green area without buildings detract from its character of public space and freedom for all.
Regarding the allegations of the university of Seville on the consequences that lead to order the cessation of the construction of the library, the TSJA says, "does not cause any damage to the educational interests since the end of the work will not cause irreparable damage and difficult to repair "these interests. In addition, the judges of TSJA argue that "it is well known in perfect condition and proper functioning of the existing Library and the university in each of their own libraries and study spaces and research
", which determines that the construction of the library Prado "no urgency or need to claim."
also "relations contract from the University of Seville with the successful tenderers to carry out the construction, can not be seen with this resolution, "says TSJA.
The car ended criticizing the arguments of the authorities involved in the project because" economic damage , the high costs of cessation carefully calculated within two years, including alleged financial and professional losses, they must have been considered and weighed before starting the work. "
And is that the University already had before starting work with "nine administrative appeal" against the project.
Finally, the cessation of construction turn protects economic interests that would suffer if the statement is not executed provisionally the terms involved and subsequently confirmed by the High Court (TS), said the car. EFE

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The project partnership: key elements.

Associations taking part in municipal life are obliged, if they want to receive grants, and the need, if you want a serious internal organization, planning. Or what is the same: establish the steps needed to achieve their goals.

Planning is useful for:

• think what we do as an association.
• Advance and do the same thing.
• Involve everyone in the association. Get
• commitment.
• all tasks not concentrate on a few.
• Anticipated difficulties ahead. Avoid
• improvisations.
• help us know the starting position, the ultimate goal and the resources we have.

This planning is accomplished through partnership project. A project to respond to 10 questions:

1. Why? BASIS. Justify the purpose of the project, the existence of the association.
2. What? NAME. Summarize the project in a single phrase can be a good start.
3. Why? OBJECTIVES. Define our objectives. The goals we want to achieve.
4. Who? RECIPIENTS. Determine the persons to whom it is addressed to our association and our project.
5. How? METHODOLOGY. Our way of working and organizing tasks and activities.
6. When? TIMING. The times of tasks and activities.
7. Where? LOCATION. Regardless of the scope we have set in the bylaws of the association, the project should specify the area more specifically.
8. Who? HUMAN RESOURCES. People who will participate in the organization.
9. what? MATERIAL RESOURCES. The budget, the materials we use and the costs and revenues.
10. What are we doing? MONITORING AND EVALUATION. The analysis of the development of our work. Answering

be questions should lead us to achieve a partnership project as realistic possible and therefore we will lead the way to achieve collective success of our partnership.

To learn more about the subject we recommend the website of the Municipality of Alcobendas and the Youth Council of Spain .

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LIBRARY IN CHANNEL 4 TV ALJARAFE PRADO

This past weekend we invited Lola Chaves on his talk show that broadcasts Channel 4 Television Aljarafe . We thank Lola for his kind invitation and the residents of Aljarafe the support received in defense of the integrity of the Jardines del Prado.

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LIBRARY IN CHANNEL 4 TV ALJARAFE

This past weekend we invited Lola Chaves on his talk show that broadcasts Aljarafe Channel 4 Television . We thank Lola for his kind invitation and the residents of Aljarafe the support received in defense of the integrity of the Jardines del Prado.

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THE ARCHITECTS OF SEVILLE DELIVERS ON THE LIBRARY

reproduce the important and illuminating pronouncement of the Official College of Architects of Seville (COAS) on implanting the alleged university library in the Prado de San Sebastian de Sevilla.

SEVILLA, 30 Jun. (EUROPA PRESS) - The Official College of Architects of Seville (COAS) today released a report on the implementation of the new library at the University of Sevilla (U.S.) in the Prado de San Sebastian, where "technically and legally is shelled the deficiencies and alterations have been made in the implementation of the library. " The reason for this report is the statement of June 4, Superior Court of Justice of Andalusia (TSJA), which he described as "very solid", which freezes the construction of the library. Speaking to reporters, the dean of the College of Architects, Angel Díaz del Río, said "Riaño Diego Avenue has a playground well-wrought, and the city has adopted "He noted that the Prado de San Sebastian" is part of the Historic city of Seville. "Thus, according to the report, the implementation of the Library attended by two types of principal circumstances. On the one hand, the alteration of the use of a General System of Free Space. In Andalusia, and according to Article 36 of the LOUA, provides that "any innovation that soil desfecte bound to parks and gardens should contemplate the compensation to maintain the proportion and quality of the allocations with respect to use and it will be necessary to justify the requirement for a destination for that purpose. "The report states that at the Prado de San Sebastian, "nor has qualified land for new gardens or use has decreased, but on the contrary, has a strikingly increased." In this regard, the dean claimed that "the General System of Open Spaces can not alter the use of the parks because they are part of the city, and one of the most structural of them." "The Prado has created a landscape and it is logical to keep it," he added. In addition, the report refers to the Prado de San Sebastian is a piece included in the Historic Seville and that it has some characteristics derived from its origin as "community space, public use and not buildable." "Building library results in the alteration of an item within the scope of the Historic, which is intended to be protected like any other building, "said Diaz del Rio. On the other hand, the COAS in this report refers to altering the" essence historical "unit space for public use Prado de San Sebastian, entering buildings and uses proprietary, although their fate is a public facility," contradicts what the Memory Management of Urban Management Plan (Plan) mentioned on free space and its contribution to the structuring and recognition of the city. "Finally, this report suggests that sustainability" is not must remain in a statement in the planning, but the management that sets it has to be allocated to their achievement and greater protection and improved quality of life referred to in Article 45.2 of the Constitution.

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Where are the Seville?

Our dear friend Rosa Maria Guallart, Alamillo Park Association of Friends, has written to the media the following letter which I reproduce below. is entitled "Where are the Seville? :

"In the demonstrations I have heard" that you want my vote, if I hear " this is what has become politics and our democracy, a growing number of politicians sucking the boat, filling their pockets by plugging family and cronies and occupying the time reporters to transcribe their "bullshit" if we analyze what no studies say any better and it would not raw nor worth knowing, is prima stomachs getting started, and favors paying citizens who will be given.
Mr, mayor of Seville has committed to completing the destruction and seize the public park public space Prado gradually going to get despite the ruling of the Court of Justice of Andalusia I should have produced the stop of the works, but .... Go! or the Mayor, and the rector are the work of compliance. A good example for citizens. Yes, sir!
They boast that there are four citizens who are against it, and only are the locals of the Prado, which may apparently seem right, but not, residents of Prado are supported by most platforms citizens who make up the Platform for the Defence of the Parks of Sevilla and most people who attend these events and meetings are backed by all its members apart from the people who attended a personal capacity.
However, in this city, where are the Seville? such that both protest in any space and when the truth are not able to lift a finger to enforce their rights, that our politicians take advantage of the mackerel that we citizens, our only strength is in our voice , but in a voice of unity and solidarity.
is anecdotal, one of the demonstration in defense of the park's Prado a considerable number of people who were there were the citizens of Seville but from other regions and provinces, and these people (who feel genuine love for this city) we say, Where are the Sevillanos?, I know that there are many against This project Where are they?
not you forget that many of the claims that the city should not only affect us. Affect our children and grandchildren and it is our obligation to protect their interests even more than for ours. We all happened, but our good and bad people will be affected and should reflect our descendants, perhaps they do not come to be part of the status of grateful people and one day have to reproach our attitude
remember that none are against building whatever your destination, but its location is not only inappropriate, it also sets a precedent mutilating a park. What next? And severe defies a court order for a ruler
Where is the opposition? I think they have much to do and say on this topic
June 29, Monday at 20.30 hours and inside the park are called citizens, please! Of you who are in favor of the park.
taught me that in a democracy the power vested in the people, but people united in solidarity, united vindicate Guallart Laguarta
Rosa María - Sevilla "