Spanish Legal Framework Research Articles

Spain and the Old Regime of Post-truth: Freedom of Speech, Ritualised Politics, and Postmemory on Social Media

The Spanish legal framework inherited from the Franco dictatorship (1939‒75) and its recent development foster political dynamics that ordain it as an old regime of post-truth, where denialism of fascist history is the official truth. Through digital ethnography I demonstrate that this kind of post-truth is further amplified through digital platforms, although there is also room for countercultural practices of antifascist truth-making in Spanish digital media. The lack of freedom of speech and the ritualisation of political discussion can hinder democratic truth-making practices, but postmemory forms of engagement with digital media also offset the impact of denialist post-truth. The conclusion questions whether the democratic liminality of the Spanish public sphere online and offline provide a breeding ground for post-truth.

Corporate Restructuring Laws Under Stress: The Case of Spain

The COVID-19 crisis caused an unprecedented global disruption of economic activity, which was especially intense in Spain due to the nature of its economy. Many legal and institutional reforms were adopted, and extraordinary economic measures implemented. As interim reforms are lifted and economic incentives wear off, Spain will need to grapple with the economic damage caused by the pandemic. Arguably, the reform of the insolvency system recently approved, which precedes and is independent of the measures enacted to stave off risks caused by the pandemic, provides an enhanced and improved framework to deal with business insolvency. Spain now counts on a state-of-the-art hybrid restructuring system and a modern regulation to deal with the financial and economic distress of micro enterprises. However, the special legislation approved during COVID, and the side effects of the economic measures came with a cost and are already interfering with the day-to-day application of the new insolvency system, especially concerning public claims and public guarantees. Further, the Spanish legal framework has still some shortcomings which might prove a real hindrance to resuming access to credit at adequate levels.

El papel de las instituciones políticas en el desarrollo turístico a través del emprendimiento: Marco jurídico actual y análisis bibliométrico

Previous literature recognises the great importance of entrepreneurship in a country’s development, as it constitutes a cornerstone of economic growth by favouring job creation, innovation and competitiveness. In fact, the economic difficulties faced by most countries are prompting governments to promote entrepreneurial activities with the main objective of contributing to long‑term sustainable development. In addition to entrepreneurship, tourism is also an important activity within a given economy, as it constitutes one of the main axes of a country’s economic development. Therefore, in this study, we intend to approach a relationship between entrepreneurship and tourism development, emphasising the great importance of political institutions in promoting it. To this end, we will carry out a bibliometric study to identify and quantify the existing trends in relation to these three fields: politics, entrepreneurship and tourism. Finally, we will analyse the Spanish legal framework in these areas. Policy for developing the tourism through entrepreneurship, but its implementation has been poor.

Living Together for a Better Life: The Impact of Cooperative Housing on Health and Quality of Life

To guarantee the right to adequate housing is crucial worldwide, and even more so in Spain, where there is an accumulated delay in public housing policies compared to other European countries. This situation has led to an increase in Catalonia of cooperative housing under a grant-of-use (GoU) model based on collective ownership, and the intention of people to live together, sharing daily life, and collectivizing risks and care-based work. These characteristics may impact on people’s health, but evidence is yet limited. Our study aims to explore the mechanisms that explain the relationship between cooperative housing under a GoU model and health in Catalonia. A descriptive−exploratory qualitative study was carried out. A total of 26 participants from 11 housing cooperatives were interviewed. Our results indicate that the impact of cooperative housing on people’s health is mainly explained by these components: (1) living aligned with their political motivations; (2) legal and economic aspects; (3) communal living; (4) governance, decision-making and participation; and (5) material aspects of the dwelling. Despite having health benefits, the lack of clarity in the Spanish legal framework and public funding makes universal access difficult, but it is a step forward in breaking with the speculative housing dynamics that exist in our context.

A Dysfunctional Legal Framework for Failed Public–Private Partnership Projects: Accounting or Economics?

Public–private partnerships (PPP) are complex long-term arrangements used in public infrastructure, public services or public facilities projects. To ensure that PPPs transfer enough risk to the private sector, European directives first and member states’ national legal frameworks later have modified how these projects are treated in the event of early termination. This paper aims to analyze said changes to determine if they well serve the public interest. The analysis is done by mapping the different alternatives a granting authority has when confronted with a PPP early termination, as stated by the law. We illustrate our analysis with a case study: The Móstoles-Navalcarnero railway, a Spanish PPP project that came to early termination during the construction stage. For this project, we determine the options available to the granting authority with the old Spanish legal framework (in force at the time the project was awarded) and with the new Spanish legal framework.

Comparative study of photovoltaic self-consumption alternatives considering the Spanish legal framework

This work presents a comparative study focusing on the alternatives that a small photovoltaic self-generating group of consumers face within the new legal framework in Spain. Several alternatives are presented, simulated and discussed for a representative photovoltaic generating plant serving a group of consumers that could be associated. Conclusions are duly drawn, showing which options are most favourable for the consumers. Also, a brief description of the most important features of the new legislation is presented.

Contratos inteligentes: análisis jurídico desde el marco legal español

El aumento del interés alrededor del mercado de las criptomonedas y de la tecnología de cadena de bloques ha supuesto la irrupción de los contratos inteligentes. El presente trabajo tiene como objetivo el análisis jurídico de este tipo de contratos desde el marco jurídico español al fin de observar las cuestiones que plantea su existencia, las oportunidades que otorga y los problemas que pueden derivar de su existencia.

La competencia de las autoridades sanitarias para restringir derechos en situación de crisis sanitaria

We carry out a brief analysis of the constitutional grounds on health protection (arts. 43 in connection with 15 of the Spanish Constitution [CE]), in the sense that we don’t need to consider exogenous principles to a normative constitution as the Spanish one, such as the known and cited principle of necessity, under the aphorism Salus publica suprema lex esto. We find in the constitutional text itself the attribution to the public powers of the competence to organize and protect public health (art. 43 CE), therefore public powers are able to regulate by law the duties and obligations of citizens «in cases of serious risk, catastrophe or public calamity» (art. 32(4) CE). Moreover, we study the Spanish legal framework on public health, including the General Sanitary Law, the General Public Health Law, with a special attention to the art. 3 of Organic Law 3/1986, 14 April, on special measures in the field of public health, which attributes to the health authorities a huge competence to be able to adopt, in a situation of sanitary crisis such as the current one, decisions that, with the necessary guarantees, suppose a restriction or limitation of rights, including fundamental ones as in the case of confinement. These limitations on fundamental rights require a judicial authorization or ratification. However, we also consider the convenience of a new organic law to regulate in detail the procedure and the legal guarantees to carry out the adoption and development of these measures.

Being disabled persons in Spain: policies, stakeholders and services

El propósito de este trabajo es resumir el camino histórico de las políticas que llevaron España a desarrollar un sistema avanzado de protección y integración de personas con discapacidad en su sociedad. A través de análisis de las tres fundamentales leyes generales, nosotros argumentamos como es el marco legal español para discapacidad –arraigado en su Carta Constitucional- formuló a nivel nacional y local la mayor legislación supranacional de UN y EU en esta materia. Además, presentamos las principales partes implicadas que facilitan el acceso de personas con discapacidad a los servicios que el gobierno nacional y local proporcionan a los discapacitados. Finalmente, los puntos 4 y 5 ejemplifican respectivamentelas medidasconcretas de ayudasy beneficios para persona con discapacidad y las políticas para el deporte y la actividad física. Teóricamente, el resume muestra como el actual sistema legal español – y su sistema de servicios- concuerdan con el paradigma social de discapacidad compartido a nivel internacional y fundamenta el modelo de rehabilitación o médico en el cual los derechos y la integración de las personas con discapacidad que no eran enteramente reconocidos y ahora ya lo son.

Consolidation of Aedes albopictus Surveillance Program in the Autonomous Community of the Region of Murcia, Spain.

Background: Due to the Spanish legal framework, the national program for vector-borne diseases results from the agreement between national and regional governments, and it is the basis for the development of the regional programs, which should include the regional entomological surveillance program. Aedes albopictus was recorded for the first time in the Region of Murcia, in 2011. It gave rise to a new epidemiological scenario due to the presence of a competent vector of several arboviruses, which resulted in autochthonous cases of dengue in 2018. Methods: 40 out of 45 municipalities participated in the regional entomological surveillance program, and 266 sampling points were established, with two ovitraps at each site as pseudo-replications. The study period was from April 16th to November 26th, with bi-weekly sample collections: 16 regional samplings were carried out. Results: Regional participation was high, and data loss was low (1.26%). Ae. albopictus was detected in 4.9% of samples and 89.4% of points, located in 39 of the 40 municipalities. The intensity of the presence of Ae. albopictus was estimated by a positivity index, that is, the percentage of positive samples over time. The vector phenology was obtained at a regional level, using the number of eggs as estimation of population density and the positivity values of points and municipalities. Every two weeks, real-time results were provided to the municipalities, which could use them as a vector management tool. Conclusion: The regional entomological surveillance program for Ae. albopictus in the Region of Murcia was consolidated in 2019, with standardized and comparable methods. Almost all the municipalities of the region have observed the presence of Ae. albopictus, although intensity and spatial and temporal cover vary among them.

Is the human right to water sufficiently protected in Spain? Affordability and governance concerns

Most research on water poverty focuses on developing countries. However, research is also needed in developed countries, where water may be too expensive for some households. This paper examines the case of Spain, using data from 16 cities that combined are home to 35% of the Spanish population. We study both national and local systems of regulation and governance. The objective is to determine whether low-income families face a genuine threat of exclusion from water supply. To this end, we analysed whether the Spanish legal framework allows that water supply is cut off for non-payment of the bill. We also did different estimates of the percentage of the family income spent on the water bill, which in some cases can surpass 10%. The estimates account for tariff discounts, as well as assistance programmes available to those who are struggling to pay their water bill. Although there is no problem of affordability for an average Spanish family in general, we conclude that families at risk of poverty face a real threat of exclusion from water services because they are not able to pay for them and the institutional framework does not sufficiently protect them.

Shades of Light and Darkness: the Spanish Transposition of EU Directives on the Rights of Suspected and Accused Persons

<p />

El régimen jurídico de las comunidades autónomas respecto al proceso de muerte: un análisis comparado

El régimen jurídico aplicable en España al proceso de muerte o final de la vida viene determinado por las normas aprobadas en las diversas comunidades autónomas. Un estudio comparado de las normas respectivas permitirá comprobar la coherencia interna del sistema y su adecuación a las directrices de la Guía para el Proceso de Toma de Decisiones relativas al Tratamiento Médico en situaciones del Final de la Vida, aprobada en 2014 por el Consejo de Europa.

“Corruption premium” on municipal borrowing cost: the case of Spanish Mayors

Purpose The purpose of this paper is to examine the impact of mayors’ corruption on the municipal interest rate set by lenders. Design/methodology/approach The sample consists of a panel data for all the Spanish cities with population over 50,000 for 2002–2013 (130 municipalities). In line with previous literature and the structure of the panel data, the authors use a generalized method of moments equation to the main model and three robustness checks. Findings The results, robust to different specifications, indicate that banks do not take mayors’ corruption as a significant risk component of the municipal solvency. The data show a “corruption premium” ranging from −1 to 33 basis points, which aligns with the size of the “corruption premium” found by the literature, but the significance is low. This finding is connected, on the one hand, with the rigid, thorough Spanish legal framework ruling municipal financial management, and on the other hand, with the characteristics of mayors’ corruption. Robust evidence shows that key financial indicators influence interest rates: current saving, with a strong influence, and level of indebtedness, to a lesser extent. Besides, more populated cities pay lower interest rates. Research limitations/implications The main limitation stems from the calculation of interest rate, because but sharp debt changes may decrease the accuracy. Practical implications The data prove that banks value this surplus as a sign of solvency and set lower interest rates. Considering that this financial indicator is key for setting the interest rate, as a point for practitioners, current saving should be monitored by the municipal financial officer, as a way to reduce the financial cost. Besides, legislation should consider current saving as a benchmark to set balanced budget rules or to establish conditions for municipalities to get into greater indebtedness. Originality/value This is the first research on municipal interest rate premium due to corruption in Spain.

Present problems to the Right to Peaceful Public Assembly in Spain

he Public Safety Organic Act 4/2015, also known as Spanish "gag law", has been harshly criticized by both national and international experts, and several worldwide institutions, due to the fact that it may be considered contrary to human rights and fundamental freedoms.&#x0D; This report focuses on the identification of the standards of protection of the right to peaceful public assembly and the challenges this new regulation poses to it. Therefore, we will cover the following areas:&#x0D; On the one hand, we shall analyze the Spanish legal framework, that includes the following:&#x0D; &#x0D; &#x0D; Article 21 of the Spanish Constitution, which offers a special protection to the right to peaceful public assembly.&#x0D; &#x0D; &#x0D; The constitutional standards of protection.&#x0D; &#x0D; &#x0D; The problem of the definition of this right.&#x0D; &#x0D; &#x0D; The case-law of the Constitutional Court, in order to identify the standards of&#x0D; protection set by it.&#x0D; &#x0D; &#x0D; Articles 513 and 557 of the Criminal Code.&#x0D; &#x0D; &#x0D; The Private Security Services Act, as it regulates some aspects that may interfere&#x0D; with fundamental rights, as the one we are studying in this report.&#x0D; &#x0D; &#x0D; Finally, we will analyze the regulation established by the new Public Safety Organic Act, entered into force in 2015, and also the Peaceful Public Assembly Regulatory&#x0D; Act.&#x0D; &#x0D; &#x0D; On the other hand, we will research into the international standards of protection of the right to peaceful public assembly, which are mainly settled in three international legal instruments: The Human Rights Council, the International Covenant on Civil and Political Rights, and the European Convention on Humans Rights, and its case-law.&#x0D; Finally, we shall conclude this report with a critical approach to the new regulation established by the Public Safety Organic Act, as we consider it precludes the standards of protection we will identify throughout the report.

Transposition of the 2014 European Directives on public procurement by Spain

The major changes introduced by the new Spanish Law 9/2017 transposing the EU Directives of 2014 to the Spanish legal framework are discussed in this paper as well as major challenges due to their new law. Special attention is given to the adoption of mandatory e-procurement, including e-tendering, to all public contracts.

How should companies that receive R&amp;D&amp;I funds communicate? Legal requirements in Spain

Companies receiving funds for their research, development and technological innovation (R&D&I) activities must comply with communication obligations so that citizens are informed of the projects that are financed using public funds. The information requirements are defined both in the European and Spanish legal framework. The objective of this paper is to compile this legislation and analyse the communication and data sharing obligations that are required for these funding recipients. The results indicate that the communication obligations of the subsidised projects are very general. It is compulsory to standardise the terms used, the actions requested and the content of these, and to promote data sharing in companies, all through a repository that brings together the R&D&I projects funded.

Reflexiones en torno al engaño en las comunicaciones comerciales

Misleading advertising is one of the major problems of the regulation of commercial communications. The Spanish legal framework contemplates the deception from different perspectives: form and content of the message; omitting information; intrinsic or comparative aspects of such messages, target audience. This article proposes a reflection about the different ways of understanding false advertising, analyzing the basic legislation and also some key aspects of the case law. This reflection shows that the defence of consumers on the commercial communications field should be oriented more and more towards those formats which are not identified as such, due to its integration within other non-advertising content, or by their non-commercial appearance. This Forms therefore concealing the recipient a basic knowledge has that right: know if behind a message about a certain product or brand, event, or even proposal narrative is hidden or not a commercial interest.

Conocimiento sobre biosimilares en Atención Primaria: Un estudio de la Sociedad Española de Médicos de Atención Primaria (SEMERGEN)

IntroductionThe objective of this study was to evaluate the awareness and training needs on biosimilar drugs in Primary Care (PC) physicians. Material and methodsDescriptive cross-sectional study based on an on-line questionnaire with a total of 34 multiple choice questions, published on the SEMERGEN website. The main Knowledge areas were: biosimilar definition; regulatory and legal framework; prescription, traceability, interchangeability and pharmacovigilance; availability of biosimilars in the PC setting, and the biosimilars contribution to sustainability. The software used for the analysis and data processing was the Barbwin 7.5. ResultsAn analysis was performed on the responses from 701 questionnaires completed. There was a slight majority (57%) of women participants. The majority of participant worked in urban centres (60.91%). The definition of biosimilar was not known by 58% of those that responded, and 73% were unaware that the management of biosimilars and generics was not comparable. Most (84%) of those that responded were not aware that the studies required for the approval of biosimilars is different from reference biological medicines. Around two-thirds (66%) those that responded did not know of any biosimilars available in PC setting, and the 94% were also unaware of the Spanish legal framework for the management of biosimilar medicines. ConclusionsThe current knowledge about biosimilars among PC physicians is low. The critical areas in need of further training include specific information on biosimilars currently available in PC setting, as well as key aspects regarding prescription, interchangeability and pharmacovigilance requirements. Six out of ten doctors do not know of any biosimilar used in PC in Spain.

Water reuse and desalination in Spain – challenges and opportunities

Abstract This article offers an evaluation of the reuse of reclaimed water and desalination in Spain and aims to provide an overview of the state of the art and Spanish legal framework as far as non-conventional resources are concerned. The fight against the scarcity of water resources in this country, especially in the southeast, has made the production of new alternative water resources a clear priority and has turned the nation into a leader in water reuse and seawater desalination. The assessment presented can be used to help build a more general framework, like the European one, and shed light on other comparative legal experiences.