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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)