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ELECTIONS 22 MAY 2011 ELECTIONS PROGRAM PIVV

more than four years ago created the PIVV because we knew we could do things differently, and we have demonstrated with our actions, complaints, etc., And seeking other objectives that have never been our interests.

We worked to get the change to our people

got representation at City Hall with Councilman thanks to your support which we feel, is why

Now more than ever we wish to have you all , P ecause I mport us that Iven V in V aldemoro.

As you have seen we have developed an electoral program according to actual needs and basic Valdemoro (thanks to all who helped in its preparation). As a party of neighbors that we, your help has been essential and we want to keep it that way.

believe in our project and we hope to become a reality by giving us your vote.

Independent Party
Valdemoro Neighbours

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COVES EXCURSIO GENOA GENOA

Bon dia: You

l'excursion reminded of diumenge a les Coves of Genoa. A les 10.00 a l'Hotel Horizonte 11.00 per Berenar ia from them cap a les Coves.

Informació the full herein.

RESPOSTES WAIT !!!!!

THANKS!

- Molins

Secretary
Montserrat Neighborhood Association
Bonanova
This message is intended solely for the addressee. It may contain confidential information subject to professional secrecy. If you are not the intended recipient and have received this message in error, please notify us immediately is routed by satellite or by telephone (+34 619745981) and proceeded to the elimination of this communication and the documents adjuntos of your system, or reproduction without communicating its contenidos. The E-mail transmission that ensures secure or open sea of \u200b\u200berror, so we disclaim any responsibility to respect

Dark Stool & Red Wine

Who controls the meaning of words? And what effect does this control over our laws, "declaration of the sovereign will" of our nation?

Castilian professor Jaime Gonzalez says in El Mercurio that "the legislature or who enforces the law" must give the words of the legislation the meaning assigned to them Dictionary Royal English Academy, "admitting no other interpretation or variation." As he spoke, Professor González presents an extremely widespread view in the legal community itself. Lawyers often quoted in his writings, and the judges in their judgments, the definitions contained in the text, assuming that they express the "natural and obvious meaning" of words that according to Article 20 of the Civil Code should be assigned.

Undoubtedly, the existence of a Dictionary widely known and whose preparation is entrusted to "experts" magic word that brings to power with knowledge, simplifies and expedites the determination of what is natural and obvious sense the words of Castilian. And lawyers and judges, whose time is consumed by the travails of professional practice, we can expect a greater emphasis on questions socio-linguistic complexity as determining how language is used effectively. However, trying to transform this effective practice in a legal requirement, saying it is not acceptable any interpretation other than the Dictionary of the English Royal Academy, is a profound error.

The most important reason to support this comes from democratic theory. Chile is a democratic republic, where sovereignty resides in the nation and the exercise lies with the people and authorities. If we remember that define the content of these formidable power delivery to the owner of this allocation, then a democratic republic can not but recognize that power to the people, through their everyday speech, and its authorities, particularly to the legislator. Society and the legislature, not the dictionary of the Royal Academy, then, are those who control the meaning of words in a democracy. Some, like Savigny, who would go further and argue that in every historical era, not only in the Democratic-law is an emanation of social customs, such as language, and that they evolve according to the constant evolution of character Village.

If these constitutional arguments failed to convince people of concrete thinking, then could be added as a corollary of what has been said that neither the Civil Code or any other binding legal text gives the definitions of any dictionary. On the contrary, the aforementioned Article 20 supports the arguments already presented: the "natural and obvious meaning" to be found in "the general use of the same words" in the definitions that the legislature has given them "specifically for certain matters ".

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Bim Juan Fdez Humanes Review May 2011

Less than a month before this term ends. We've been over the past four years vigilant and, as you have all seen, we called the bread, bread and wine, wine. Illegalities alleged that the municipal government of the late Mr. Moreno has been committed, attending the anti-corruption prosecutor who continues with his research.
We warned from the beginning of this term of the disaster that we led the government team's points and, unfortunately, time proved us right. It was the first time in the history of this City to its employees, or who they were and then became part of the private company that manages the street cleaning and garbage collection have trouble collecting their salaries and all that this City should be more than thirty million to the contract. Company and City are dumped junk to the head, and suffering, as always, the workers, who, shall we say of course, are used as a weapon between them. We said in the House budget for 2008 that there was a point of no return and that if exceeded, would be impossible to reverse. Well, those budgets were adopted and lost the only chance we had the valdemoreños to begin to tackle the crisis. And, of course, that point of no return is crossed, and we have what the outgoing mayor can offer: a ruined City Hall, a team divided, and a mayoral candidate to come from outside, if he becomes elected, he will not know where to start. Well ... if we pay attention to any of the council current has already started making a blacklist of retrenched made public after the elections. Will they be on that list positions of trust contract? Will you include in this black list of the Mayor's official car? Pp spokesman Getafe has said that if elected mayor auctioned mayor's official car, "will do the same on pp Valdemoro if elected?
We have stayed in the legislature without the promise of the pp in 2007: a major new City Centre, a leisure center in the Cerro del Castillo, tram ... I? And that, it was assumed, were a municipality that had no economic problems. Now that we are one of the most indebted Community of Madrid in relation to the number of people ... how is it possible to believe in promises he has already failed?
precisely why a group of neighbors created the pivv because we knew we could do things differently and looking for other targets that have never been our pockets. We worked for four years without a salary. We have moved the interest of our people, the welfare of our neighbors. In the City were one in the street, as are hundreds, and aspire to be thousands. The more we are, the more we will get and what will never change in us is what has moved us up here, the development of our people intelligence and common sense, who has missed a lot in recent years.
Is there hope?, Yes, and also, very soon, making a serious and thorough diagnosis of the situation and implement appropriate measures to spend more rationally, knowing, above all, that funds are used at City Hall, are all for the good of all. Is it so difficult to understand this? No, the only thing is to know and want to.
We know and love.

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Language Law and State Responsibility for errors in the allocation of estates

In a ruling issued on Contreras Muñoz March 18, 2011 the Supreme Court ordered the Civil Service Registry and Identification compensate for damage arising from misrecognition as an heir to a person, to the detriment of those who had better right.

I

is rare that the state has to face the consequences of a dispute hereditary.

Until about ten years, the actual possession of the inheritance (the formal recognition of the status of heir to the property remained on the death of a person) should be obtained through legal proceedings pending non-contentious, and the judges are limited to granting who justify being in line of succession. The possibility that these efforts a distant relative anticipates the closest to the deceased, and gain and formal qualification to hold the assets of the estate, if it was not common at least into risk regulation. But this risk is minimized because the operation was taking place in terms of advertising and because it generally contradictory in the presence of legitimate non-contentious issues can become contentious, and ultimately, the giving of effective possession left to safeguard the exercise of action of inheritance demand.

But in 2003, 19,903 law transferred to the Civil Registry to handle the actual possession. Suddenly, he became managing administrative, dragging the matter to a public law regime. Thus, the eventual emergence of a state responsibility in these matters was a matter of time (and unlucky for some heirs).

II

On the merits, the law led to 19,903 a few changes from the previous regulation. One of the most significant relates to the circle of stakeholders to whom physical possession is granted: "Art 6 th [inc. 1]. Actual possession will be given to everyone with the quality of heirs, according to records of the Civil Registry and Identification, even if they have not been included in the application and without prejudice to its right to repudiate the inheritance according to GENERAL RULES " . Thus, forcing the utility to control the circle of heirs, are further minimized the possibility of appropriation of an inheritance by reason of being relatives were passed over with a better right to it.

latter is precisely what went wrong in the case study. When a woman died in 2003 opened a series whose natural beneficiary was his only daughter, quickly, however, a nephew of the deceased requested the actual possession and the Registrar, after the necessary investigations, it is granted, thus ignoring the true heir.

Ten years ago it was not foreseeable that the victim obtained repair because the judges were still extremely lenient with the Civil Registry. In a case where the victim went to the extreme of having to face criminal consequences for alleged bigamy that could only be configured as a crime by the insufficient information of the public service, the judges acquitted the Civil Registry. This service could not determine that the first husband was dead at the time of getting the victim's second marriage, which were upheld by the Court of Talca as a circumstance "of the registry system itself, more so if the information from only one office because only in recent years has been revamped Civil Registry computationally ... " (Court of Appeals of Talca, 24.08.2000, Sánchez c / Treasury confirmed by Supreme Court, 30.11.2000, Lexis Nexis No. 17,614).

In ten years it seems that modernization has come fully to the Civil Registry. In any case, the Supreme Court now officially sanctioned the change in public expectations regarding the operation of this service reflects normatively on a different standard of governing in 2010. "Normally expected from the service in question is that if a child is registered as such on their parents the situation is noted by the Administration when ruling on the possession of one of their parents. It is true that there may be errors and for this the law provides mechanisms for the settlement, but it is not acceptable that two computer programs used by the institution ..., the system has thrown the existence of the marriage of the deceased in the year 1944, she was a widow, who had brothers who died before her, she had a nephew and could not determine the existence of a daughter duly registered after the year 1944, so the service certainly did not work as expected I had to do " (statement of appeal in the case Muñoz Contreras, cons. 8).

III

Although

the lack of service was unambiguous, the trial became entangled by considerations of causality. The third party intervention in the causal chain should be analyzed in some detail: the correlation of the damage is the profit derived directly by the false heir was to recognize the actual possession, without whose craft the victim had not experienced loss. The Court of Appeals of Valparaiso appears to have been sensitive to such considerations, but it seems to have it channeled in a conceptually neat, explaining his decision to censor the Supreme Court.

was clear, moreover, that without the initial mistake of the Civil Registry, the false heir could not pursue their operation. The Supreme Court was well within reach (not even appeal to the equivalence of conditions) the possibility of correcting the reasoning of the judges of the fund.

reaction probably would have been different from being shown fraud or deceit of the third (and were reduced to mere knowledge of the existence of other heirs a better title). Although this solution is closer to the material fairness of orthodox thinking, it is usual that the fraud is presumed by the judges as the only adequate cause of injury, even in the presence of significant neglect in the origin of the damage. No doubt the fact of the third is here motivated by the negligence or fault of the Service Registry Civil, but it was not impossible (but on the contrary, it credible) that this lack of service was motivated in turn by fraudulent conduct or gross fault of those who wanted to pose as heir.

Therefore, although it seems reasonable that a state agency to respond in such a case shall be warned of the risk generated by this case. The net result of the sentence is assigned to the family of the deceased a sum equal to twice the market value of the thing (one, who got the fake heir to sell and another, which indemnifies the State). Hardly find a reasonable justification for a situation in which the State must assume duplication of inheritance. The

final question leaves open the statement has to do with monetary corrective to this situation. What happens to the remedies proposed by the civil law? It's uncomfortable to accept that advertising procedure lieu of actual possession has no effect on notice to the heirs of a better title in order to appear and enforce as appropriate. Nor is it satisfactory to argue that the victim is not required to infer the actions that have allowed them to be recognized as the heir and recover the goods, thus counteracting the damage. Did not some of the damage appears as caused by a lack of diligence of the same victim? Or alternatively and finally, would not have been entitled to less reserve to public service provided the possibility of subrogation actions that the victim was against the false heir?

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EXCURSIO COVES

Good day:

Meet the Caves of Genoa? They are close, but unknown to many.

send you information about the tour scheduled for next May 15.

is important to confirm attendance, cuants per grups de visites know s'hauran de fer (each visiting team is D'approx. 20 people) i aixi book-ho.

U.S. HI WAIT A TOTS!

- Molins

Secretary
Montserrat Neighborhood Association
Bonanova
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Who writes the "doctrines" of failures in Microjuris?

Receipt holders jurisprudential review Microjuris.cl and striking me failure "Controlled Parking Services SA c / Municipality of Melipilla" Court of San Miguel ( Role No. 323 - 2010), went to the field of contracts. According to the extract,

" Municipalities do not have administrative powers to nullify unilaterally , The concession contracts signed with private companies. While the termination of a concession is a condition characteristic of administrative contracts, it can not be realized exclusively by the mere will of the council, but must adhere strictly to the grounds for termination mentioned in the same concession of public good ".

It seems we're back in the 80's, when part of the doctrine began to ignore the specific nature of the administrative contract, in both management tool for public affairs, usually entails for the Contracting Authority exceptional means of action , as the powers of modification or termination of employment contracts in progress. If the decision denies the municipal powers of unilateral action, is the administrative contract is then a common contract and wild? Best

review the direct source. The ruling says the very opposite of the extract before recorded. Quote:

"That the terms stated above is that the allocation Township unilateral termination of the concession granted to the appellant, is not unlimited, but in the cases expressly provided even though they are ranked by the same authority City, which is a so-called clauses are immersed in exorbitant administrative contracts reflected the public interest to guide its execution, interpretation and implementation, altering the principle of equality that ordinarily governs the conventions subscribed to by individuals and which are subject to common law, to empower the authority municipal administrative and unilaterally to resolve the concession on the basis of its own rating of the severity of the failure of the concessionaire's obligations alleged against it. (HE CS Role No. 4919-2001) " (cons. 9 °).

Far from asserting that the municipalities "have no powers to nullify contracts of concession," Case admits that they have the power to unilaterally terminate them, indeed, the ruling fits in with the traditional doctrine of administrative, indicating that the unilateral termination of contract "is a so-called exorbitant clauses are embedded in administrative contracts ".

If there are nuances, they refer only to this power is "not unlimited", but is conditioned by the presence of some typical events that justify its use. Specifically, in this case, the Court finds that the parties "referred further limited the award of the Municipality of unilateral termination to grant "(*) to define specific cases in which unilateral termination operate. The Court understands that the city overstepped Melipilla the exercise of its powers to unilaterally extend the term of the contract to cases other than those provided by law or agreement to that effect. The trigger for action by the municipality had been an increase in parking fees (the subject of the concession is the operation of parking meters installed on city streets), increased unilaterally adopted by the concessionaire. It was, seems to understand the Court's exercise of a contractual right of the dealer, who could not be estimated establishing grounds for termination of the contract, as put forward by the municipality.

So, whether right or wrong failed, the matter at issue depended on considerations relating to the subject of an administrative act, not competition, as suggested by the review of the decision.

The purpose of this note is not to say that Microjuris lies. Although the fact is far from the truth in this case, not for previous trial to suggest that it has done for ideological constraints on the role of administrative law on contracts or for other reasons. In itself, if anything, is serious to note that their work does not meet stringent requirements analysis legal, the blame would be irrelevant if directed against a general journalistic medium, but, being a professional information site for the legal environment is just this kind of "errors" is simply unacceptable.






(*) This idea of \u200b\u200b"limitation" is highly questionable, since the public powers as those granted to the municipality by the art. 36 of Law 18,695, are unavailable for their owners. Rather, a contractual provision that limited the free play of these rules could be read zero.

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Bim Juan Fdez Humanes Review (April 2011)

The second complaint filed by the PIVV to the Attorney General, has been for the sale of material attached to the Department Environment and Services for the City that was allegedly fraudulently overvalued to increase the amount to be received by the City. This complaint has been admitted by the Provincial Prosecutor of Madrid.

debt that the city maintains is estimated at 100 million euros. Among the creditors of the municipality there are companies who, not being paid, are funding the town hall. The bad management and the municipal government's insensitivity creditors make smaller companies suffering from a fatal financial asphyxiation that may lead to closure.

Sometimes I doubt if they want to ruin the City by the way, if so, they are getting their purpose, if not, is that management capacity is zero. According to the Ministry of Economic Affairs and Finance, we see that the management council is untenable and absurd. In all settlements the running costs have been higher than current income. Savings must be generated each year should serve to address the most important investments that do not fully cover the income or grants from the Community of Madrid and the state revenues that have been lost in the trenches of the work and do not know where they are . Why should not we suspicious of ruin if the accounts have not been paid since 2008 before the Chamber of Accounts of the Community of Madrid?, An institution that monitors the activity public sector in the region. Since 2008 also provided in the budget presentation documents such as the balance sheet or income statement of the council estate (both are like the X-ray to evaluate and analyze the real situation and thus make a diagnosis of the economic and financial) . What are they trying to hide?, What the plan designed mandatory balanced budget that took it a joke?, What ruin mortgaged the management council for many years?

Regarding the report of audit of Local Authorities of the Accounts Chamber of the Community of Madrid approved in late 2009 and 2010, the latest accounts rendered, the 2007, are some allegedly awarded contracts have implications in two of them, as stated in the report "represent a split in the time of the object as the respective benefits were being done by the same contractor that is thus maintained in the supply chaining successive negotiated procedures, "presumably to mean that the service award to the session, split into two by a single contract for services, including , legal advice. Does not it serves the law firm that is City Hall? There are more records award in which, says the Chamber of Auditors, it violates the law of government contracts. Indeed, with such counsel would be quite easy to fulfill the decision of the Superior Court of Justice of Madrid and reinstate, as provided, the worker D. Jesus Bernabe capricious and illegally fired. And it must carry out the sentence for two reasons, first for justice and dignity (is two years fighting to stop that have given reason) the second to avoid further expense the costs to this council. One good thing is 2011 with respect to the above: Mr. Moreno is leaving the City Hall.

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Fwd: Soccer Torneig RED WEEVIL The


Good afternoon:

I sent the poster SOCCER TOURNAMENT FOR YOUNG PEOPLE organized the City Hall (DYNAMO) for our youth.

If you are going to go, so I would appreciate comments on them. SEE YOU THERE !!!!!!!.

Greetings,

Molins
Montserrat Neighborhood Association Secretary
Bonanova
the
This message is intended solely for the addressee. It may contain confidential information subject to professional secrecy. If you are not the intended recipient and have received this message in error, please notify us immediately by electronic mail or by phone (+34 619745981) and proceed to the elimination of this communication and attachments from your system not reproduce or communicate their contents. The e-mail transmission is not guaranteed to be secure or error free, therefore disclaim any liability with regard

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BIM Juan Fdez Humanes Review (March 2011)

Before we express our support for all citizens who are fighting and dying to get democracy in Arab countries . We hope that their demands are met and to recover that desired peace and democracy as quickly as possible.

And speaking of unmet demands, the mayor is going and eventually we'll no longer know what we have been asking for years and consistently refuses to answer, we refer to the expenditures made with personal credit card, (Visa) and name not because the pay out of pocket, but because they only used him to buy and pay what it wants, that is something the mayor and not have to be accountable to anyone or at least that's what he thinks (the party has requested by letter more than once and has been denied the information) and what you allow your councilors, who applaud his public speaking chorus, although the reality of what they think may be quite another. The other document that we hope are the budgets for this year, we're already in March and no news of the proposal : so afraid that they discover the true economic situation of the municipality who may have left behind and the 100 million euros? It seems that even the brand new candidate has changed the face when he has begun to recognize the reality of municipal accounts firsthand. Incidentally, as we have reported that candidate, insist "candidate" not mayor, is visiting some municipal offices accompanied by confidence personal current mayor. Is that normal? Do we have the other candidates the same rights as he? You have nothing better to do the trusted person that costs about 3,000 euros a month? If what you say is true, we began to understand the characteristics of the new candidate, and certainly do not like.

And we are interested in the future, for example that of the more than 100 opponents of administrative assistant to wait for months to publish the results of their opposition . And it is just as simple: count the score of the competition phase of those who have passed the previous exams, add the scores under the criteria and ... voila ... we have the Allow list. What are some expected results? What can we do, that's life, sometimes you win and sometimes you lose, and it seems that one does not walk or have very sharp at the time and now racked my brains to see how to fix the mess ... and eve of elections. What is clear is that the criteria involved compensating the test results, it is harder to do certain things.

The Independent Party has submitted Valdemoro Neighbours candidate for mayor in the May elections. I am confident that the work done during these four years is a sufficient guarantee for the PIVV continuing confidence in me to continue to lead and defend our ideas, and also claiming that we can detect irregularities in municipal management.

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Bonanova

Good morning:

Information has reached the red palm weevil pest has come into the neighborhood. As you know, there are many palm trees.

Unfortunately, we who are aware, no public aid for treatment of red palm weevil on private property. It seems that European funds are to be obtained, but for now there is nothing. City Council have informed me that set traps and do collect insects. It is therefore important to act, there are already infected and dead palm trees in the neighborhood.

briefing paper I send out of the environmental health website of the Department of the CAIB. There is some more information

Sincerely,

- Molins

Secretary
Montserrat Neighborhood Association
Bonanova
This message is intended solely for the addressee. It may contain confidential information subject to professional secrecy. If you are not the intended recipient and have received this message in error, please notify us immediately by electronic mail or by phone (+34 619745981) and proceed to the elimination of this communication and attachments from your system not reproduce or communicate their contents. The e-mail transmission is not guaranteed to be secure or error free, therefore disclaim any liability with regard

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CANDIDATE FOR MAYOR OF REPOSITORY INDEPENDENT PARTY VALDEMORO NEIGHBORS (PIVV)

Humanes Juan Fernandez, spokesperson of the Independent Party Municipal Neighbours Valdemoro (PIVV), at a meeting held on Saturday 19 February 2011con its members and board of directors, has been elected unanimously as candidate Valdemoro mayor by party for the forthcoming municipal elections in May 2011. Juan Fdez Humanes

says she "with the same enthusiasm and excitement than four years ago, where many neighbors, they wanted this game to have a representation at City Hall. Together with my team and neighbors, we are developing a program, according to the real needs of the municipality and try to solve many issues today are a headache for many families. "

was very

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The corporation has died. Viva the association! Apostilles

Finally ended the tortuous conduct of the draft law on associations and citizen participation in governance ( Bulletin No. 3562-06). This is a project started in 2004, whose main ambition was to promote citizen participation in public life by forming partnerships. Beyond the administrative rules of the project, better tuned in the heyday of "citizen government" next-enacted law reaffirms the validity of freedom of association, establishing a long-awaited reform, which greatly eases the creation of legal persons nonprofit.

In its initial design, the project aimed to shape a new type of grouping with legal personality, along the lines of many other legal bodies have chosen to create new instances of organization (in local, indigenous, religion or sports , to name a few). The approved project (completely restructured its wake - in articulo mortis - by the Joint Commission, which used to correct some weaknesses of legislative drafting) prefers to use the existing institutions, improving, and that is why we choose to reform the current regime in the matter in the Civil Code. From now on, the "corporations" become "associations", whose constitution is simplified substantially. By the way, the reform favors the regime of foundations, whose constitution follows the same pattern.

here corporations and foundations to acquire legal personality by means of an authorization granted by the Government, which used to last forever, this system of prior authorization in stark contrast to other applicable to other nonprofit organizations (unions, neighborhood associations, unions, etc.). that the mere deposit of the act establishing a public record is enough to set a new legal person. The draft constitution passed quite close associations and foundations to warehousing. In simple terms, the constituent (awarded by public or private deed signed before a minister of faith) be deposited in the respective City Clerk, by launching a review period (thirty days), if there were no comments, concludes with the record of history in a national register of legal persons to profit by the Civil Registry and Identification Service. The association or foundation shall have legal personality from that entry. Thus, the constitution of legal persons nonprofit is decentralized to the maximum. About municipalities will bear the main burden of the proper functioning of the system, although this can be alleviated by the play of such statutes.

The project makes several other changes to Title XXXIII of Book I of the Civil Code. Among other things, sets out the scope of the statutes, the management regime (similar to a business directory) to operate unless otherwise agreed, and clarified the economic activities that can rid a person non-profit.

The audit of associations and foundations remains with the Ministry of Justice, which confers a power inspective hitherto had no legal backing. This will be facilitated for the operation of accounting rules that in some cases can be challenging, especially for organizations or large foundations, which have to meet similar standards to those in the business world.

Finally, the controversial Article 559 of the Civil Code, which allowed the President to provide for the dissolution of a corporation or foundation (and whose constitutionality had been put into question by the Supreme Court -but not by Constitutional Court - where Colonia Dignidad) has been completely rethought in terms that best meet the constitutional requirements relating to freedom of association. Now, the administrative authority loses that power, which is permanently based in the judiciary. Thus, in complex cases the Ministry of Justice may require the State Defense Council to exercise an action seeking the dissolution, which shall be exercised in a summary trial and can thrive only be prohibited if the association or foundation by the Constitution or seriously violate the law or statutes, or for having made an end or be entirely impossible to conduct. Surely there will be criticism

the new regime. "Administrationalisation Civil Code? The modified rules retained by the project may brand the Code, and maybe some of that prose is lost. However, in a matter in which Bello was not very safe guide in comparative law, prudence earlier invited him to trust political authority an important role in defining the regime of non-profit organizations. For the sake of freedom of association, this reform reduces important part of what was of questionable administrative intervention, and no doubt that efforts should not be censored.

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commentary to Raul Letelier

I need to disagree with the view of my good friend Raul Letelier in relation to the very important decision Morales Gamboa, he comment a few days ago.

In short, the decision the State liable for the damage suffered by a police officer, after being hit by a bullet fired from a private gun of his companions, in circumstances where both were stationed. I emphasize that is a very important decision, because the accident occurs in circumstances unrelated to any police operation "active" (both police officers for their unmarried status, are quartered in service available), and the private nature of the weapon and the incident same as the damage occurs (before the shooting, the victim had "provoked" the perpetrator through a joke). According

Letelier, the main importance of the decision would be in the way they combine the notions of lack of service and personal foul on a concrete case

" The ruling clearly indicates that, if there were only non staff could not state responsibility. This confirms the correct interpretation of the second paragraph of art. 42 LOCBAE in the sense that it does not come to establish a personal foul when the state must respond to the mere possibility of later action against the official. On the contrary, subsection 2 assumes you have already been condemned for lack of service (I could not have been otherwise), but it also exists a personal foul, as precisely the case here, since the personal fault could not be separated entirely from the lack of service . "

are mainly those findings which, in my view, need to be confronted with other ideas.

1 The ruling says the opposite of what he says Letelier. There is no lack of service, but purely a personal foul. Recital 15 is eloquent: " the actions of the police officer Claudio Osorio Tapia is clearly a foul, not a lack of service ... . " A good listener, few words.

2 The State's responsibility does not necessarily depend on a lack of service. Beyond the real responsibilities "objective" (the example is the case Galletué ), the arrangements referred to in art. 42 of the LOCBGAE and other documents that follow its model is not always required in any case the combination of a lack of service.

Regarding the personal foul, the rule says: " However, the state will have right of recourse against the official who personal misconduct." Its main purpose is to regulate the appearance of a contribution to the debt that can result in harmful event has been a public official intervention: the state, which normally carries the weight of redress against the victim, can turn against its agent if it appears that he has committed a "foul." Thus, the rule gives the impression, without referring directly to this hypothesis, that the State respond to the victim both when the harmful event is a lack of service as if it is a foul.

3 º Both in French law as in the Chilean law concerns have been raised about the area where the state has to answer for the misconduct of their agents. Letelier's note favors a restrictive alternative: the personal foul committed the responsibility of the State only if it can connect to a lack of service, clinching it "could not have been different mode.

Again, here the author moves away from the fault. Recall that it states that "the distinction capital on the state tort is precisely from lack of service and personal foul," and states that "such failure assume personal responsibility state when it is not devoid of link the function, what happens when she has committed in the exercise of the function or during the same (cons. 13). The capital for the sentencing aspect is the relationship between a personal foul and a lack of service, but between the lack of personnel and public function played by the public official guilty.

4 The criteria set by the failure is not excessive.

In his usual formula, which comes from a phrase used by Hugo Caldera, it is true that the criterion appears covered with a deplorable lack of precision "to whom the right of victims to be compensated enough for the public official's action is related the government body (the appeal court ruling, cons. 4). In practice, however, not just any relationship between the lack of personnel and the public service, but must be of a sufficiently relevant. Several

aspects that identify the bond is legally relevant for purposes of this responsibility is relatively peaceful temporal and spatial aspects usually enough to resolve common disputes (answering the State if the personal foul is committed in the workplace or during working hours for officials). Increasingly take more weight in the case instrumental links between the state and its agents (eg., The circumstance of being fiscal weapon, or wearing the official uniform provided by the state). In the area of \u200b\u200barmed forces of order, a fairly significant that reveals the link between the lack of personnel and the public is given by the statement (Done in another office, whether criminal or, as happened in this case, in administrative proceedings) of the offense was committed in an "act of service" statement that does not always pursues a purpose pension.

Specifically, in this case, the decision reveals a very special situation: Some public officials are mandated to be permanently available to the public service in a position to undertake their missions at any minute it is necessary, this is the case the police singles and those involved in this case. The fact that been found inside the barracks obvious, but it would seem wrong to reduce the pure fact relevant spatial link between the personal foul and function. When service missions require the coexistence of officers authorized to carry and use weapons, they are public needs that create the conditions for the clash of personalities and the outbreak of violence.

5 ° East jurisprudential approach does not focus solely on the lack of service. On the contrary, justice of the decision (if I may put it in those terms) starts the criterion of risk involved in it. If it is because the public good that a service is structured so that violence may arise among its members, it seems fair that the owner of that public good takes the weight of the consequences. Again, I repeat, can not be attributed lack of service to the state by the mere fact of creating this coexistence to have agents available permanently to control public order (as suggested, apparently, Raul Letelier), would be "He said his time Hauriou - as saying that "the service is at fault for existing, which would be absurd" ( Précis de droit administratif et de droit public , Sirey, Paris, 10 th ed., 1921, p. 380). The remote foundation of this regime is rather on the risk ... but certainly not the case of strict liability.

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BIM Review: Juan Fdez Humanes (February 2011)

time that these people did not receive good news and finally got a: José Miguel Moreno will not stand as a candidate the forthcoming municipal elections, and say that is good news because I believe, like many neighbors, who has been the worst legislature in its history, the legacy he will leave harder, a debt exceeding 100 million euros these people will take many years to pay. The inability to govern and manage resources efficiently to all the neighbors put in their hands with great effort, has reached its highest point in the last year, during which he left the reins of government directly in the hands of Directors area, to do and undo at will.

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Gay marriage is it contrary to the Constitution?

The same day ( according to press reports) the Chilean Constitutional Court declared admissible the request would be inapplicable against the Civil Code in matters relating to marriage, the French Constitutional Court rendered a decision on the same subject. In this case, requesting the two women complained against the French Civil Code provisions that would have been the basis of the refusal to allow them to marry, referring to marriage, the rules refer to men and women.

The Board rejected the approach of the appellants, but delivered a policy of greater interest, in that it recognizes that depends on the discretion of the legislature the establishment of rules to determine the conditions of marriage. His central argument states:

"Whereas in terms of art. 34 of the Constitution, the law must establish the rules relating to "the status and capacity of persons, matrimonial regimes, inheritance and donations", that is lawful at all times to the legislature, within its jurisdiction, take new provisions which time corresponds to appreciate, and amend or repeal the earlier texts, replacing where necessary by other provisions from that in exercise of its jurisdiction is not stripped of legal safeguards to the constitutional requirements, that art. 61-1 of the Constitution, like the art. 61, the Constitutional Council does not confer a general power of assessment and decision of the same nature as the Parliament, that this provision only gives jurisdiction to rule on the conformity of a legislative provision and the rights and freedoms guaranteed by the Constitution. "


course, from the legal point of view the Court did not rule on the constitutionality of gay marriage. However, a sentence that gets so strongly emphasized in the jurisdiction of the legislature at their discretion and opportunity considerations that determine the choice of content legislative is a pretty strong signal that, at least in the French Constitution, there is no rule requiring that identified institutional relations are restricted marriage to couples composed of a man and a woman.

course also discussed the failure is not a precedent for Chile. But methodologically, a similar observation can also be raised with respect to the Chilean case: the Constitution "restricts marriage to unions between a man and a woman?

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Fwd: PIANO CONCERT

Dear Neighbor:

The next day, January 28 at 20:30 our Neighborhood Association organized a piano concert by Armando Abraham, in the Sala Palmanova (Palma Nova Cultural Center ) Paseo del Mar, 2, Palmanova, Calvia.

Armando Abraham is a resident of our neighborhood and renowned pianist. On this occasion we delight in works of S. Rachmaninoff, F. Chopin, F. Liszt.

When the concert will offer a cocktail with appetizers and champagne.

I hope everyone. We miss this opportunity to meet all the neighbors while you help us finance the activities of our Association as you know is not set quotas to members.

Thanks for coming.

Greetings

Neighborhood Association Bonanova

This message is intended solely for the addressee. It may contain confidential information subject to professional secrecy. If you are not the intended recipient and have received this message in error, please notify us immediately by electronic mail or by phone (+34 619745981) and proceed to eliminate this communication and of the documents adjuntos of your system, or reproduction without communicating its contenidos. The E-mail transmission that ensures secure or open sea of \u200b\u200berror, so we disclaim any responsibility to respect

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State Responsibility and the Armed Forces

One of the most important decisions on this issue is the Supreme Court styled Seguel Fisco de Chile dated July 30, 2009. As we know the responsibility of organs that make up these forces have a major problem in regard to the legal status which govern them. Once you have been standardizing the systems of accountability of public bodies in order to demand "no service" in this sector, however, seems not so easy to say that this is the regime. In fact, art. LOCBAE excludes 21 of the Armed Forces and other organs of the application of art. 42, rule establishing precisely the lack of service requirement.
Despite everything that can be provided, there is as yet no satisfactory answer to justify this exclusion and the most reasonable answer to this mess is indicating that it is actually art. 42 (ex art. 44) which was misplaced in that title. The exclusion was entirely justifiable if it was understood that that title - as shown by the art. 21 - regulate "the basic organization of the Ministries, Municipalities governments, and public services created to perform the administrative function" since the excluded bodies have their own administrative rules. Art. 42, however, escapes from a purely organizational rule and the exclusion of its application is clearly wrong.
So, Seguel Fisco de Chile comes in response to questions about the system and makes it applicable through a convoluted way in which a return to the general system of poor service. As art can not be applied. 42, is to conclude the decision should be applied art. Civil Code 2314 (common law rule), which regulates liability for "their own fault." Thus, the armed forces will respond by guilt and blame for the Administrative Law - which is the governing these bodies - not called anything other than "lack of service." "That the way has been arguing - said the ruling - it is successful the application of Article 2314 Civil Code and the institution of the lack of service to the suit in question, since it allows and standardize the system of liability for all authorities of the State Administration. "
However, the recent Supreme Court ruling Morales Fisco de Chile of January 14, 2011 has come to constitute the second stone on which the building is built the responsibility of the Armed Forces. The case is: that police share some entertainment in the bedroom of a single police unit. One of them throws a joke offensive to another, the latter pursues the Joker, he has targeted a particular gun and accidentally shoots him to death. Both policemen were stationed. For security purposes, the death was classified as "on duty."
The ruling of the Supreme Court describes it as "foul" but believes that such failure is not unrelated to the service but it is made "in connection therewith." "The state - says the statement - is closely related to the personal foul incurred by one of its agents, as has been the same State who has installed both officials in a specific mission, of service available and quartered in the second degree - and has imposed a further obligation to stay in the barracks, so that the action taken by the official Tapia Osorio is not devoid of connection with the service. In fact, the two officials residing in the tenure of the police because of their unmarried status, they were both there that night as the cantonment ready, so clearly the personal fault of Osorio is one of those that give rise to state responsibility. "
However, as the lack of service was achieved by means of art. 2314 CC, thank Fisco Seguel, was now needed to have legal support for the "foul." The Supreme Court's reply is that the latter notion "must be made from Article 2320 or 2322 of the Civil Code, provided that it exists, so that in this way, as noted in the ruling" Seguel with Treasury "and said, allow uniform liability system for all bodies of state administration."
In this way, is more or less complete the scheme for contractual liability of the Armed Forces. In good accounts, 2314 over 2320 and 2322 come to play CC as indicated by art. 42 LOCBAE for all organs of state administration.
Some comments may be made of this line of argument:
1) The aforementioned failures come to believe that a coherent response to state accountability system since, as already indicated there is no reason that can justify that excluded bodies art. 21, among which also has the armed forces, the Comptroller General of the Republic, the Central Bank, the regional governments, or the National Television Council, have different rules to other administrative bodies. Of course there were several possibilities to find the solution. The "civil action" developed by previous failures is perhaps the neatest in normative terms (unless the search is discussed in the civil rules as alleged common law) but it is convoluted to draw attention as it is. The "administrative remedies" such as presumably the arts. 38 inc. 2 of the CPR and 4 enshrine LOCBAE same liability regime for lack of service, straight to apply the analogy, or more correctly I believe it is to understand that the exclusion applies only to matters of internal administration are far less neat and somewhat forced from a "literal "the legal system.
2) It is interesting to note how these two faults are not really refer to situations in which citizens outside the public service are affected by administrative bodies. In both cases, these accidents occurred within the administrative body. Seguel Fisco In Cabo is a damaged military exercises in the arm to a conscript after loading his gun with bullets real and not blank as it should. Fisco In Morales, meanwhile, are two police service who are affected. In this sense, I think the way the Supreme Court transferred the notions of lack of service and personal foul statutory relations within the Service Shall be deepened with time. Indeed, there is a fairly comprehensive scheme to address accident compensation service may overlap with these tort claims. If not theorize about them together can be upsetting the public compensation system.
3) Failure Fisco de Chile Morales put on the table the issue of separation of the lack of service with personal foul. The ruling clearly indicates that, if there were only short of staff, could not state responsibility. This confirms the correct interpretation of the second paragraph of art. 42 LOCBAE in the sense that it does not come to establish a personal foul when the state must respond to the mere possibility of later action against the official. On the contrary, subsection 2 assumes you have already been condemned for lack of service (I could not have been otherwise), but it also exists a personal foul, as in this case precisely, since the lack personnel has been completely separated from the lack of service.
In this same vein, I think we should continue to refine this notion separation between faults. Morales failure Fisco de Chile provides a mere geographical separation and working hours so that it is sufficient that an officer is in the public premises and within their day to give rise to liability. In this case, in fact, was sentenced by the State primarily because the policeman who was shot inside the unit and both were stationed. I think that that separation must also meet subjective criteria. In effect, sharply intentional acts of public officials that do not reflect an organizational problem that reveal the service and the staff - as indicated at the time the arret Laumonnier-Stroller in defining failure personal - "with their weaknesses, their passions, their carelessness" should be classified as outright misconduct (also a very personal calls) and for them to be accountable only to the person who commits it. Aggression among public officials, still committed in work schedule, I do not think they should be compensated for the common treasury. Themselves, developed in private, but they are not compensated by the person who commits it. In this regard, the Morales case Fisco de Chile, the court ruling had found that what happened was an act totally private, outside of police functions and that it could not be considered is a service that would reveal it to malfunction.

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BIM Review: Juan Fdez Humanes (January 2011)

End the year 2010 and we lost a year because the government team (produce blush to write those three words) of PP with Mr. Moreno to the head (this is resulting in fear) 365 wonderful days wasted on which proposals could be developed, implemented measures, decisions or initiatives taken to improve quality of life of citizens and, above all, more than 6,000 who swelled the unemployment rolls municipal. Twelve months (but with its fourteen pay, to be sure) during which the council have torn calendar pages while detracted services: fewer cultural activities, crop subsidies, elimination of sports events, workshops degradation UPV, dismissal of workers, etc., are some activities that have practiced the 14 municipal mayors pay the price of gold.

As a new singular, churros and chocolate with age instead of the traditional meal, yes, on payment of 50 cents, the coffers are empty, you have to be mean and tacky to ask for that ridiculous amount (remember that grant in previous years exceeded $ 5 per person and now have to charge 50 cents to cover the churros). must have little shame to do that and also pay bills for more than 1000 euros on food (of course at least stay home) enjoyed a popular restaurant in the municipality or distribute Christmas baskets to "special people" by worth over 300 euros.

And to close the year with good taste, the City Council presents us with another delicacy, the results of the first year opposition to administrative assistant, a starter the daughter of Chief Financial Officer (same as the fantastic signature sanitation and unworkable plans that allow the council continue to borrow to infinity), second niece of Director of General Administration, and one or more.
has become a breeding ground for highly trained staff, according to their test scores. Anyway, this has ceased to smell bad ... now it stinks.

Valdemoro from your window ... SAYS GOODBYE TO THE MALL AIRON

One of two things: either we Valdemoro gafados or someone sells the meat, skin and even teeth before even knowing if there are bears, and of course, then there is get underground or light rail is built, or leaves out a shopping center announced to the four winds that would boost the town's economy and create 3,000 jobs. That is the problem of letting the future of the municipality in the hands of others, adopting an attitude of complacency and apathy towards their problems and difficulties of renouncing citizenship and responsibility and commitment to the role of government brings.

It is not only congratulate the residents of Valdemoro and wish to spend a wonderful holiday and New Year bring us prosperity and a new administration more responsible and capable.

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foguerons

send you information about fogueronsn end. We have the bands playing, it organizes Revitalisation of the Town Hall, West District.

hope YOU!

-
Montserrat Mills

secretary of the Association of neighbors Bonanova

Este mensaje be exclusively in dirige su destinatario. May contain confidential information subject to professional secrecy. If you are not the intended recipient and have received this message in error, please notify us immediately by electronic mail or by phone (+34 619745981) and proceed to the elimination of this communication and attachments from your system not reproduce or communicate their contents. The e-mail transmission is not guaranteed to be secure or error free, therefore disclaim any liability with regard

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foguerons 2011 2011 BON NADAL

Bon dia i bon any:

First activitat de l'any. Aquest

and Stock There will be concert organized by dynamo and the Town Hall. When complete you have it send it again.

is doing because you place on the agenda.

The Town Hall provides containers for bonfires, monitoring and cleaning. Will not wood, you should carry everyone.

-
Montserrat Mills

secretary of the Association of neighbors Bonanova

Este mensaje be exclusively in dirige su destinatario. It may contain sensitive information sometida a professional secret. If you. not have welcomed this and the destinatario mensaje in error, please notify us immediately by electronic mail or by phone (+34 619745981) and proceed to the elimination of this communication and attachments from your system without reproducing or communicate their contents. The e-mail transmission is not guaranteed to be secure or error free, therefore disclaim any liability with regard

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on how to do that the words "repeal" means "void." Commentary on the Judgement Role

The problem of the effects produced by the declaration of unconstitutionality of a rule of law by the Constitutional Court has been around since the first declaration of this type. Indeed, once the TC found unconstitutional Article 116 of the Tax Code by the sentence pronounced in the case Role 681-07, was presented immediately the question of what to do with all outstanding lawsuits in which he had received directed application standard.
Now, after the declaration of unconstitutionality of certain provisions of the Private Health Insurance Act also arises the question what to do with those contracts that were agreed when those rules were not challenged.
The answer to these questions is invariably linked to the legality or illegality of the action of inapplicability of the standard previously declared unconstitutional. As can be seen, if one accepts the validity of that action are inapplicable, the result of processes that Section 116 was applied will be none other than the invalidity of all the proceedings. In other words, if an ordinary trial inapplicable motivates called for the annulment of those resolutions be based on laws unconstitutional, the unenforceability will not support these resolutions so invalid be overcome. The same shall apply in respect of the contractual clause was justified in the specified Standards Act Isapres.
If, however, not accepted the validity of the action of both processes inapplicability contractual terms can not be considered void, keeping their effects over time.
this analysis should be added that the rule of Article 94 inc. 3 of the CPR expresses quite clearly that "the provision declared unconstitutional in accordance with the provisions of paragraphs 2, 4 or 7 of Article 93 shall be revoked since the publication in the Official Journal of the sentence it receives the complaint, the not produce retroactive effect. "
Initially, the response of TC on the ability to accept new non-applicability of Section 116 referred to CT was categorically denying that possibility since the rule was repealed. What happens then with the trials currently in force? For the ordinary courts shall execute the normal effects that the repeal of a rule results in the legal system, the TC can not be considered irrelevant and eliminated a rule the legal system.
So, it appeared that I had to do the regular judge was to apply retroactively the rule of law to the case to know what state were those judgments or those clauses contract before a subsequent repeal.
However, the TC has changed his mind in the decision under review. This change, I believe, is due to an incorrect answer to two questions that the TC seems to address.
The first is: How can a rule be declared unconstitutional, then continue to produce effects? This is, in general, doubt about ultractividad spoken of the TC in its recent judgments. A rule declared unconstitutional (such as to justify a specific contract clause), and subsequently repealed, it can produce effects after that repeal, it appears that the TC in the following paragraph: "If a law, in contravention the Constitution, is excluded from the legal system, being therefore invalid, can not exist either because of a contractual stipulation, since she would be concerned for the future of the same defect that led to the declaration of unconstitutionality. "
The way that meets the TC in this case falls into the manifest error of constitutional understanding that (also applicable to "unlawful") is synonymous with disability. When we say a rule is unconstitutional or illegal to do a trial of contrast. When that trial is performed by contrast institutional bodies it has legal significance. And what are the effects of that trial? It depends. In some cases, the law understands that declared unlawful by a court not produce any legal effect, as when there is a defect with very little body or inconsequential. In other cases, the effect is assigned the invalidity of the legislative (as in Germany or Spain). In other cases, as in Austria or like ours, the effect is none other than the repeal. It can be seen as unconstitutional is a trial value of the law, the repeal or invalidation are the effects that the laws set for that trial.
In this sense, there is no doubt that it is unconstitutional as well as repeal. However, when the Constitution itself indicating that declared unconstitutional a provision shall be revoked I think the purpose of the Charter is clear enough and this is not another that apply to that declared unconstitutional the statute's repeal in full.
The second question seems to be this: How is it possible that the first requesting inapplicable to gain favor and change are unsuccessful those who resort after the declaration of unconstitutionality? As can be seen, there are reasons of justice here material that encourage the judge to understand that the declaration of unconstitutionality affects everyone equally and that therefore the contract terms are zero for all and that the processes that applied Section 116 of the CT are too. The continuous intake of inapplicability resources provide long-term this effect.
However, as can be seen easily, thus completely mock not only the effects of the repeal, but the express prohibition of retroactive effect of Article 94 CPR. Thus, sufficient for the purposes of the void that every spammed their respective trial inapplicable. It would, as each trial involves costs, a "nullity paid." By contrast, the right way to understand this inequality is considered prima facie outcome retroactive to the first recurrent inapplicable as a prize (Ergreiferprämie, say the Austrians) that encourages people to denounce the unconstitutional, incentive would not exist if the ban was retroactive to all cases. The sentence Role
1552-09 is a clear effort to get where it says "repealed" means "no" and avoid at all costs the express prohibition of retroactive effect. If the option of the national system had been that the effect of the revocation was unconstitutional would achieve the same effect you get with these successive inapplicable. TC
This option is open to criticism not only be contrary to the express language of the Constitution but because their consequences in the short and medium term may be disastrous. Our
repeal constitutional option instead of setting aside as unconstitutional effect is a reasonable option that well summarizes the significant assets at stake in the control laws. What is then asked to TC is that it is, to paraphrase the words of Kelsen traditional and just a good "negative legislator."