Vol 14, No 28 (2015)

This article intends to offer a global vision of the right to a dignified
homestead recognized in the Spanish legal system. Thus, this
article analyzes not only where the mentioned right is regulated,
but also who can be subject to it, what limits it presents, what
protection mechanisms it has, and what peculiarities it presents
in the competence level.

Based on the research question “what is Medellín’s urban planning
public policy?”, the article presents the special urban regulatory
hierarchy as part of the reference that has given and keeps giving
rise to the mentioned public policy. For this purpose, first, the public
policy figure that contains the definitions of the policy reference
and decisional flow categories is outlined. These categories are
the proposals in Pierre Muller’s analysis model and the basis
for legitimizing the public nature of a policy and differentiating
it from the State or government policy. Furthermore, the article
addresses the components that form the special urban regulatory
hierarchy, beginning with the ones developed by the Constitutional
Court in its jurisprudence. Then, it addresses the ones proposed
by the doctrine, whose scheme is considered to be modified
based on the derogation of article 7, Act 388, 1997, which is the
current composition of the urban administrative function from
the dispersion of territorial competences conferred by law, and
the anachronistic role of the metropolitan areas in the urban field.

This article addresses the subject of mining in excludable zones by means of a bibliographic revision of the current legislation, and two iconic cases that have occurred in Colombia are exemplified with regard to gold mining in protected areas: the Yaigojé-Apaporis National Park and the Santurbán paramo. Both cases demonstrate the lack of coordination among the mining and environmental authorities and the legislative gap especially in the exploratory stage that, besides causing serious environmental impacts and violating the rights of both ethnic minorities and the general population, creates regulatory insecurity and generates considerable costs for the mining companies. First, the juridical outlook that governs the mining exploitation in Colombia is described. Then, the article provides a technical context of the mining cycle and the implications from the juridical standpoint of this type of exploitations in protected zones. Finally, the articles presents a chronological line of the case studies on mining activities in a protected zone of the National Parks system and another one in a regional context, concluding that the lack of coordination among the institutions leaves the sector in a juridical limbo.

In the contemporary mass hiring, the rapprochement between producers and/or suppliers of goods and services and the consumers is achieved mainly through advertising. This advertising has information elements aimed at the audience that intend to modify their consumption decisions, that is why the inclusion of “subjective compliments by the advertiser” is allowed. Two questions arise from this situation: does what is said in the advertisements bind the advertiser? And in the case the advertisements are actually misleading, what juridical consequences branch out from that? The answers to these two questions vary according to the nature of the juridical relation existing between the parties, which can be civil, commercial or of consumption.

The present work has the purpose to investigate the epistemological foundations that underlie the state regulation in the context of a free market economy in the ideas of laissez-faire shared by the Vienna school. In this perspective, we will seek to identify their foundations within an ethical perspective, as well as its limits, which will be measured analyzing some concrete cases. At the end, we will seek to frame the foundation and the ethical limits of state regulation to the role played by the Constitutional State in the economic sphere.

The signing of executive agreements constitutes a strongly rooted practice in the United States international policy. In the development on the subject, the jurisprudence of this country’s Supreme Court has played a significant role by making contributions to the clarification of several complex aspects of this type of covenants. Precisely, this contribution intends, as an objective, to examine several relevant instances in the evolution of the jurisprudence of the high court regarding the agreements in a simplified manner. The walkthrough around the subject allows observing that the theoretical construction of the executive agreements in the United States regulatory scenario constitutes a dynamic process that is exposed to a constant renewal of its main criteria.

This article intends to assess the traditional concept of the absolute
bar, analyzing how it has been used in terms of the resources in
the Spanish and Chilean procedural systems. Based on the use of
these resources, which exceeds a merely procedural control, the
article proposes to understand the absolute bar as a multi-purpose
technique characterized only by the moment in which the judgment
is made and not by its content

The establishment of the appropriate means to assure the practical efficacy of judicial decisions is a demand of the adequate operation of the Administration of Justice. The interim protection plays an essential role in said establishment. Over the past years, the doctrine and several European and Latin-American codes of laws have made progress in the construction of broad and solid interim systems in the administrative proceedings, going beyond the traditional vision of the contentious proceedings, which limited the interim protection to a unique possible measure: the suspension of the execution of the administrative acts. Notwithstanding, this phenomenon does not occur in Cuba, whose procedural law continues to be based on the act suspension technique and the exacerbation of the executive auto-protection privilege of the Administration. This article intends to demonstrate the need to create a new interim protection system in the Cuban contentious administrative proceedings capable of guaranteeing an effective administrative justice in its mission of protecting the rights of the citizens and the general interest from any behavior of the Public Administration that violates them.