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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

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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."