Legal topics

How to validate my title in Spain

2010-01-14T16:30:00.001-08:00

If you have realized official university studies out of Spain and now you want to validate them with those who are official in the nation, we are going to give you next some ideas so that it turns out to be simpler to know where you must come to do the whole management to you.

It is necessary to differentiate what is the validation of the homologation of academic studies, the first one refers to the official recognition of the university academic studies obtained abroad, finished or not, with regard to the Spanish studies to be able to continue with his registration in Spain; the second one is recounted to to the foreign university courses of those that a qualifications has obtained with the official's consideration in the country where the title has been obtained.

The validation corresponds to the Spanish University corresponding to which the interested party I wanted to choose to continue his formation, if it has not finished them.

In case of having finished the studies having obtained a title, it will be possible to choose between his equivalence does the request of homologation to a Spanish university official title or the validation pair in partial studies, and both ideas cannot be requested simultaneously:

If the homologation of the title is requested and is refused, the partial validation of the studies one will be able solicitarl.

If a validation had been acquired, it will not be possible to request his homologation.

It is possible to realize the management of the request online: To realize his management.
Approved the plans of study, the qualifications that are official, they are announced to the Council of Universities. After 6 months, from the reception for the Council of Universities and if there is no resolution they will be considered authorized.

If the qualifications is not official in the country where it was studied, it will not be possible to request the procedure.

With the telematic services of the Public administrations, every time it is simpler and rapid to do the whole management because one saves a lot of time and effort.

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Labor practices contracts

Requisites to work in countries that do not belong to the EU

2010-01-14T10:11:00.001-08:00

Considering how is the labor panorama in Spain, with little movement in the hiring of new professionals on the part of the companies, many persons decide to find out on how to find work out of the borders of the European Union and before taking a decision and lazarse to the adventure, it is convenient to know the requisites of entry to the Country that we have chosen to travel to establish in the beginning our residence for being employed at him.

In January many companies begin the year, with what it is the best moment to carry a professional change out. In this case if we focus it to move laboralmente for the foreigner, it is interesting to know the peculiarities of the country in which we have considered to do the work search, before signing a labor contract.

Vaccination

It is necessary to know to work and to live in a country out of the European Union if it is necessary to put itself some type of vaccine, and if in his case it is obligatory or reasonable.

Papers

It is necessary to know the type of papers that is needed, the identity card, the passport and if it is necessary to request a visa.

Health

To do to him a medical insurance that covers the cases of illness and has an accident, in some countries the health care is very costly and not all the administrations have agreements between them so that the health could be covered with the Spanish nationals.

Legislation

It is important to know the local legislation, the sorrow and the laws are not equal in all the states and there are some crimes that are typified as very serious in some countries, especially the narcotics tenancy.

Copies of the papers

On having had already the whole necessary papers in rule, it will be good to do photocopies of everything to take it in separated places.

To register in the Consulate

It will be necessary to register in the Record Residents' Registration in the most nearby local Consulate and also in the Census of Resident Spanish abroad, so that the age biggest could to vote in the elections.

It will be important always to take to hand the phone and the direction of the Embassy of Spain.

More information:

http://www.mae.es/es/menuPpal/consulares/recomendacionesdeviaje/es

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Studies visa for foreign students
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Where to do the passport to you

2010-01-11T03:28:00.001-08:00

When we want to have the papers in rule to go out of the country and to come to one that does not belong to the European Union, it is necessary to be done or to renew the passport. The place to which we must come to do it is to a Top Headquarters or to a Police station of Police officer enabled for such an end, to avoid the longest tails and to have to wait the whole morning, we can resort to ask for an appointment by means of a called phone companhy or by means of Internet.

Necessary out of the EU

If we try to realize a trip out of the borders of the EU, we must possess of the whole papers identificativa necessary with time to avoid hurries and long tails later.

Previous appointment

To do the ordinary passport to him, it is optional to ask for appointment before to the phone 902 247 364 or for Internet in https://www.citapreviadnie.es, as to proceed with the appointment previous to the renewal of the D.N.I.

Where to do it

In Spain we must come to do it to the Top Headquarters or to the qualified Police stations of Police officer.
If we are abroad, we can do it both in Embassies and in Consulates.

Time

The time that is taken in his expedition is 2 days like a maximum.

Amount

The valuation that it is necessary to pay is of 20,20€.

The necessary papers to be presented are:

ID card of the petitioner in force or the expired one with the supporting written proof of his renewal.
A recent photo to color, done straight ahead, with the color of white fund or another skylight, without glasses or objects that they do that it is not recognizable.

The validity of the passport

5 years if less than 30 of age are had.
10 years if more than 30 complete years are had.
If it is had less than 14 years, and it does not have the ID card, it will serve the passport until the adulthood is fulfilled and it will not be able to have any more than five years of validity.

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What to do when the identity card gets lost.

2010-01-08T05:13:00.001-08:00

Fortunately it has not happened to all but it is necessary to bear in mind a few simple instructions to avoid, when we lose or they steal the identity card from us big problems and good.

To put a denunciation

The first thing that it is necessary to do, let's be where we are, it is to come to a police officer police station to do the denunciation of theft or loss. The identity card is the worst document that can get lost, with difference to that of the credit cards. With these papers in inappropriate hands there can be committed crimes of those who later will do us to us responsible if we have not done the said denunciation and this one has to of being carried out as soon as possible on having already found out of his not possession. To do a denunciation, it is sufficient with our testimony and it is necessary to come not neither with lawyer nor attorney.

It is probable that if we have lost it, some good person brings it over to us to house or facilitates it to some authority; if they have stolen it from us, of course that this document in particular we do not see again. When we are an object of a theft of the ID card, sometimes it is done by the idea of identifying another person by means of our information and when this happens, the nonsenses happen in chain because it is used usually to be the vehicle of another succession of crimes.

After the due denunciation, we will must call to the phones of urgency, of the credit cards belonging to the banks with which we work so that they are in sobreaviso of the theft.

Well prepared networks

With the theft of an identity card concerning three hours, they can forge it putting another photo, the photo of the faker, can open a checking account in a bank division and also forge a receipt of payroll or several, as the financiers request, to come in this time to a concessionaire and to buy a good car that is in stock to be able to withdraw it to the moment, financed of course, addressed to the original proprietor of the identity card.

To denounce again

If we have not done the corresponding denunciation, it is possible that we meet that we have bought a beautiful car that we are not going to enjoy and that we will have to pay for some months. In this case, whenever we receive external information in writing from the one who wants that it is, we will have to of making it known by means of a new denunciation done in the police station of police officer with all the information that we have, including the initial denunciation.

It is advisable not to go along with the house keys, the document of national identity and this one is always necessary to take it above.

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What is a visa?

2010-01-07T18:32:00.001-08:00

The visa or visa, it is the permission that serves to legalize an entry or stay of a person inside a country of the one that does not possess nationality or frees transit.

What is a visa

The permission to legalize the entry or stay to a country that foreign and that does not belong to the European Union in case of the Spanish, it is possible to give him by means of bilateral agreements done between two countries, Spain like fatherland and the country that is visited. In the Department of the Interior we can find the list of the countries with which a signed agreement exists.

Place of the visa

The document is located enclosing it to the passport, in which it is indicated that one has examined and given for valid on the part of the authorities in charge of the function, to the signatory person of this one so that it could enter or go out of the country.

The foreign persons who want to enter Spanish territory, have to of doing it with a visa that is current at his entry in Spain and it will appear in his passport.

Types of visas

The types of visa can be:

Transit visas. They serve to move for the country, to be of step while a trip is realized.
Stay visas. They serve to do a tourist visit or to relatives.
Residence visas. They serve to be able to reside during a time longer than that of a tourist visit.

Visas request for foreigners

The visa is requested in the Spanish Consulate of his fatherland. He prepares of one month to be able to gather it since it is sent. National will be able to enter in terrtorio during the term of validity of the visa. Once the person has entered Spanish territory, it must request in the course of one month the card of identity as foreigner.

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What to do if they call me of the unemployment

2010-01-07T09:20:00.001-08:00

If we have happened to increase the long lists of the Inem, we must bear in mind that if we are receiving some type of service it is possible that for d esconocimiento from the norms they could withdraw the compensation from us.

After signing up to the unemployment

After signing up to the "unemployment", they will facilitate to us a small document where our information will consist identificativos and the dates in which we will have to come to our office to seal, to be able to keep on receiving if it corresponds to us. The Community of Madrid, inside the same office, is in charge of interviewing us to take note of the profile that we have, we can facilitate our résumé to them and also we will indicate them the preferences to the tasks that we want to fulfill for our aptitude and also the type of courses to which we think that we can be interested in that they call us when his call is done.

Obligations on having been a beneficiary

The obligations that a claimant has like beneficiary of the doles are the following ones:

To contribute the whole papers that is necessary.
To realize an activity commitment: A search activates of employment and to take part in actions of progress.
To take part in the tabajos of social collaboration, in the programs of unemployment, in actions of promotion and in the formation.
To accept a suitable laying.
After doing a work interview, delivering in the maximum space of 5 days, before the Public Service of Employment and to the agencies of laying that have facilitated it to us, the written proof of having helped on the part of the company.
To request the fall in the services when a work begins.
To restore the amount of the services received unduly.

Useful information

We can receive more information in tlf.: 901 11 99 99.

Public service of Employment: www.redtrabaja.es

Public service of State Employment: www.sepe.es

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To buy in reductions with guarantees

2009-12-26T00:29:00.001-08:00

The impulsive buy is not good with the reductions not without them, the buys must be done principally when they are needed and I did not forget that the products although reduced they have guarantee.

Every year we meet that in the day following that of Kings, the January slope, there comes the opportunity to find the bought products two days earlier, up to 40 % of discount in some cases. On the one hand it gives anger and for other happiness, to the power to agree to realize certain buys for less money.

In fashion, footwear, and textile, it is where better the descent of the prices is seen, as in the buy of the rich Galician barnacles and other seafood. It usually come with it to a normality and balance with the multiple expenses that Fietas Navideñas causes.

The department stores do advertizing campaigns and giant cartels with some model or fashionable actress, announcing the Super-reductions.

Some practical advices:

The products are the same that when they were without reducing, the commerce is forced by Law.
The guarantees of the products that he buys are the same that when one is in period different from that of reductions, the buy ticket must always keep and if the publicity can since this one often has value of contract on having committed itself in writing.
Be informed about the returns and remember of that it can request the complaints book that every commerce arranges to be able to write a complaint.

The price of the products descends and this year that enters, with the crisis even more.
In almost all the establishments they give payment facility of up to 12 months financed without interests. Always read the small letter before signing and be careful with what embarks, it might repent.
Before going out to buy, study the products that he needs or has intention of buying and the price that is ready to pay.
Limit the use of his credit card, although it is of plastic, it is going to cost us just as pay with tickets, with card it tends to be bought more and the invoices always come to house, there is no danger of which they get lost.

Remember that after the Reductions of January others will come and he will be able to compare better to buy.

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What sound the united legacies?

2009-12-25T15:16:00.001-08:00

At present, the testament is sometimes a step that the person manages in life, so that he makes sure that it will be possible to manage his money to a good devicido for him. that's why, today we speak to you of how doing that it departs from our legacy serve for a charitable end. Today, we speak to you about the united legacy.

A legacy can leave a person to itself to election, both physical and juridical. Inside legal person the institutions are, public or private roads, being included the ONGs: organizations without lucre fortitude. They must consist in the Record of this type of Organizations.

At all times it is necessary to respect the complete quota that belongs to the necessary heirs, who are to whom the Legitimate Heredity corresponds. It is possible to bequeath to more than one organization, from a car, a building, the jewels, good works of art, money or actions.

The requisites to be able to do the Testament are:

To have more than 14 years and in full possession of all his faculties in the moment in which the Testament is realized, indiscriminately that later loses them.

Types of Testament

Open testament
The one who is going to realize it, presents before himself before notary documenting properly his identity by means of ID card, expressing to written or verbal way, the last wish to distribute our goods. The notary writes the document and the testator signs if it is similar.
Closed testament.
The testator comes to the notary, presents the ID card and delivers one on with a written content in which it leaves steadfastness to the one who transfers his testament. It will indicate to the notary the way in which it is written, will read it and the two will sign.

Holograph Testameto.
According to the Civil Code, it must be written, signed and dated, for handle and letter of the one who is going to make a will. He must be written without studs, notes out of place or scratches. The letter and the signature will must be the habitual ones.

For more consultations of United Legacies they can call 902 010 609.

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More agility in the services to the citizen

2009-12-17T13:30:00.001-08:00

The Government has impelled a few progress to be able to demand a behavior of the services that there give the notaries and registrars, p it plows to contribute to his functions a major safety and agility at the time of proceeding the citizen with them. He has a few rights, which knowing them, it will be in possession of something very valuably.

The rights about which we speak sound to him:

* On having requested the service, they must facilitate earlier the value of his amount to him without need to pay it previously.
* Before there sign a document, if it has some doubt, they have to of explaining understandably his doubts to him so that it should know previously what he supposes signing.
* To indicate the notary so that at the moment of the signature for telematic means, so that it should do the cross-check in the docket of the property, of the entitlement and possible charges that the building has.
* To have in the maximum of 5 days, of an authorized copy of the signed document.
* To limit him so that he sends the definitely indispensable information to The Public administrations and Records so that they do correctly his functions.
* Across the notary, to present the telematic documents in the dockets of the property, of the Mercantile thing and of Real estate.
* To receive by telematic means, the entitlement and the possible charges that a building possesses from the Registrar.
* To have the document qualified and inscribed by the registrar, within 15 days. If there is some error it will have to be notified to ud and to his notary.
* To obtain a made reduction of office of his tariffs in 30 %, if the registrar does not qualify and inscribes in the course of 15 days.
* To indicate to the Notary the mailing to the Public administrations of the information that should be necessary of his reception as regards fiscal, administrative or property effects.

These Rights are restored by the Ministero of Justice of the Government of Spain. The better let's know these and other rights, the more we will be able to understand the functions of the Public administrations and with it to demand in a just way.

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To pay with card is more expensive that to do it in cash

2009-12-14T18:26:00.001-08:00

The new Law of Services of Payment, which from next January 1 will allow to the merchants to move to the clients the commissions that pay for electronic operations with credit cards, not only will help to retract moreover the consumption, but he supposes moving “to the weakest part of the market” elcontencioso between merchants and companies of means of payment.

This way there points out forceful a spokesman of the Basque Consumer society that “this initiative looks like to us an authentic nonsense; slightly really incomprehensible, especially in half of an economic crisis and of consumption as that we are suffering. EKA/OCUV thinks and defends that the price of the things, which marks the tag, cannot be different according to how they are paid. We are not speaking about a major price for buying by installments, which (for the interests) is logical; but of a major price for paying with plastic money instead of doing it with cash. It is necessary to bear in mind, also, that the consumers we are already paying, and well, for using the cards, since the maintenance costs (commission, etc.) do not stop rising. In what we go of year they have got dearer an average of 15 %. The only agent of the implied ones (commerce, consumers and financial institutions) to the one who might benefit this new law is, perhaps, the banking”.

According to the information of the Spanish Bank to have a card of debit in these moments has a cost for almost 17 euros to the year (without including the commissions for extracting money of the teller), while that of credit has an average annual quota for 33 euros, 7 % more than in November, 2008. Precisely for this increase many users have decided to reduce his number of cards.

Image CC of orphanjones

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Prohibited in Facebook the promotions of weapon, tobacco and: milk!

2009-12-14T09:18:00.001-08:00

The last update of the politics of Facebook for the advertizing practices known as ‘promotions‘ can raise a big polemic, since it extends the prohibition of this activity to the sector of the dairy products – as it happens with the medicines, firearms or the tobacco, between others–.

According to the ‘guide of performance’ of this social network relative to the promotions, the point 2.4 establishes that this practice will not be allowed “if the promotion object is any product relative to the categories of ‘game‘, ‘tobacco‘, ‘milk‘, ‘firearms‘, ‘medicines‘ or ‘gasoline‘”. Also, he adds that and sta prohibition is extended also to the contests that offer awards similar to the previous categories.

The said guide tells that his function is that of "governing" the promotions of any contest, competition or "similar" startings for the users. Also, he adds that to carry out any promotion activity in Facebook, previously it will have to be provided with an approval in writing on the part of the managers of the social network.

This decision has already provoked the first complaints in the United States, where the association Centred for the Freedom of the Consumers in the United States (CCF, in his initials in English) has expressed his "incredulity" before the measurement. This group, in addition to representing the consumers, groups several restaurants and companies of feeding.

“It is a stupid prohibition. Why to include in the same paragraph to the milk with the cigarets or analgesics? Perhaps does Facebook think that the cottage cheese and the yogurt should be controlled substances?”, ironizó the spokesman of this association, David Martosko.

As made sure Martosko, CCF has tried “several times” to contact with the managers of Facebook across the telefóno or route ‘e-mail‘, without success to today. Also, he remembers that the Facebook web page does not include any explanation of the motive of the inclusion of the dairy products in this group either.

“The ice creams are not combustible, flammable or addictive, and neither they shoot bullets. The wrong message is sent, especially if it is born in mind that Facebook is a market directed principally to the young people, therefore we wait for a justification or, if the prohibition is eliminated, better still”, it concluded.

Image CC of luliexperiment

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The Internet legislation

2009-12-11T05:46:00.001-08:00

The Government changes before the Net users. The history recurs. Do you remember Fuenteovejuna? More nearby for any that one television commercial in a gymnasium and was the teacher asking with the look, of whom was it the condom?

Since the world retrains and the man keeps on doing the same but with other means. The network Net user is so powerful that it can threaten and become nice with the government of a country and does it as soon as it can.

When there arose the news about the possibility of changing the laws, concerning hours there mobilized a population equivalent to some countries of the planet, with an alarming result and with only one premise, Freedom.

The power of the network. This would be a good holder bearing in mind that between all these blogers, Net users, Internet professionals and classic users, there moves a big quantity of the young, very young people in many cases, the people who is capable of being mobilized across the social networks with the speed of the light, the people who gets connected and shares continuously, and has the freedom and the self-confidence like saying and proposing any thing before they take from him something that they think that it they belongs, since they learned that all that was free, and all that was allowed. It is necessary to bear in mind that all these people, have been the one that has constructed all this platform. Companies, computer programmers and businessmen keep on creating communication ways, first social networks were the chats, msn, insurance that tomorrow arise other more sophisticated ways of looking for couple of those that we have now, and that that they are already so developed that you can look for your couple with the exact profile that you take as favorite.
But possibly nobody realizes that all this young people is those who have created this world, they are those who have communicated and interlaced everything if, we all are pure links, we all are linkage that we do not stop increasing and tangling the immense cloth of chandelier that means the network.

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The taxes will be able to be paid 'online' from the notary's offices

2009-12-09T19:28:00.001-08:00

Thanks to the agreement reached between the General Council of the Notariado, the Department of Industry, Tourism and Commerce and the Notarial Agency of Certification (Ancert), the citizens and the companies they will be able to carry the payment of his taxes out 'online' from almost 3.000 notary's offices of the whole Spain from next year.

The Notariado will implant the electronic taxes liquidation from the notary's offices using the applications of the platform of Red.es, managerial public entity dependent on the State Department of Telecommunications and for the Information society (Setsi), By virtue of The signed agreement this Tuesday, the 24th of November, 45 town halls and nine delegations will join already assigned the above mentioned platform.

For his part, Ancert will provide of an integrated payment system with 56 financial institutions adhered to Red.es, in order to include to all the autonomous regions and local authorities in the platform for the tributary liquidation of the General Council of the Notariado.

The president of the Notariado, Antonio Ojeda, there is resalgado that this is a voluntary service, without any tax character, which will lend with entire transparence to save steps and displacements to the citizens, while the manager of Ancert, Carlos González Bueno, added that the new payment service is not a "monopoly" and will enter in competition with the current liquidation systems.
“Ancert will have a few expenses derived from the implantation and use of the platform. Nevertheless, the notary's offices will be able or not to reverberate the expense to the citizens”, added González Bueno. Also, Ojeda told that on this signature the Notariado “one more step” one wants to meet in his offer of an integral service in the management and the payment of all kinds of taxes to companies and citizens.

The agreement is “an advance” of the agreement signed at the beginning of October with the Spanish federation of Municipalities and Provinces (FEMP) to allow to the taxpayer to realize in the same notary's office the authorization of the Tax on the Increase of the Value of the Areas of Urban Nature (municipal appreciation) and the Tax on Real estate (IBI). ”We are pawned in turning the notary's office into the ‘only window’ that facilitates to the citizen not to have to go from an administrative dependency on other one”, added Ojeda.

The general manager of Red.es, Sebastián Muriel, has pointed out that by means of this agreement one hopes to increase "substantially" the volume of operations of the platform, which at present registers approximately 80.000 annual deals and approximately five million euros.

Image CC of wlappe

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Kind officials for law

2009-12-09T10:19:00.001-08:00

The minister for the Public administration of Italy, Renato Brunetta, wants to approve a law that forces the officials to be kind in his work facing the public. It will be “his next battle, as it has pointed out in a television program.

The project of law of Brunetta on the “simplification of the relations of the citizen with the public administration”, it has the end of bringing the citizen over to the public administration, for what the amiability and the courteousness they will be obligatory “against the inconveniences of the bureaucracy of all the civil servants before the citizens, who have to be considered like clients and therefore receive quality services”.

From his arrival to the Executive, Brunetta has begun to restore a measurements battery to improve the functioning of the public administration, in which he emphasizes his attempt of reducing the absenteeism between the officials. The minister has demanded that the medical certificates should be extended by doctors of public hospitals and there is multiplying the visits of control for the sick personnel. Also he hopes to approve a norm with which there are sanctioned by the direct dismissal the officials who accumulate more than three unjustified absences within a period of two years.

This new regulation is part of the disciplinary code promoted by the minister of Public administrations, Renato Brunetta, with which the high charges or officials who have other civil servants under his orders also will be able to be hardly sanctioned if they do not collaborate or do not report of the infractions committed in his department. The Parliament has already given the approval to these measurements and now he must be the Executive of Silvio Berlusconi the one that approves them to apply them to the officials.

This way, they will be enough four days of absence without medical certificate, although they are not consecutive; to record later to leave the job and to go, for example, to do the buy, or two years of “insufficient yield” to motivate the fulminating dismissal of the official.

Till now, remembers the newspaper, it was penalized by minor sanctions, according to the time of unjustified absence, the fact that the officials were not coming to his job without a medical certificate. The measurements of the minister Brunetta contemplate the dismissal in case more than three unjustified absences have registered within a period of two years and seven in one of ten years.

Image CC of CiuPix

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The parliament 905 asks the Government for actions against the fraud of the false calls to lines

2009-12-05T01:48:00.001-08:00

The parliament has asked the Government to operate against the fraud of the false calls to lines 905. This way, the Commission of Health and Consumption of the Congress has approved a proposition not of law of the Popular Group on measurements for the protection of the affected ones by the massive invoicings of the lines 905.

In the above mentioned proposition one raises that “an important number of users of fixed and mobile telephony has been victims of massive invoicings for not realized calls subject to special metering” to numbers with prefix 905.

The text of the proposition not of law indicates textually that “according to the consumer societies, the victims of the invoicing of false calls to lines extend 905 to seventeen Autonomous regions. His invoices include tens, hundred and even thousands of calls to phones of contests with prefix 905 that in fact were not realized. His duration usually ranges between 1 and 5 seconds and in many cases they repeat themselves in intervals of time of only 4 seconds what implies that the user could not realize them on him having been materially impossible”.

This way, the Congress has urged the Government to “to quantify the number of affected users and the volume of the invoicing of the false calls to lines 905 ″ and to “to adopt the measurements of administrative and jurisdictional character that are precise against the undue invoicings”.

In the same way, he claims that “across the National Institute of the Consumption, the performances are coordinated on the part of the Autonomous regions in the bosom of the Sectorial Conference of Consumption”.

Finally, he urges the Government to “to adopt the measurements that are necessary so that the affected users do not turn out to be forced to pay the quantities that they are claimed on the part of the telephone operators“.

Image CC of Benidorm Town

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Regulation of the sale 'online' in trips bundles

2009-12-04T16:37:00.001-08:00

The EU is raising the need to reinforce the regulation relative to Internet places that sell bundles of trips, a step to protect better the consumers opposite to the tourism operators.

This plan answers to the high increase in the number of persons who reserve holidays online, particularly the so called “dynamic bundles”, in which flights, accommodation, rent of cars and other services are bought to different providers across only one web page.

The mentioned dynamic bundles suppose a third of the sales of trips in Europe, which in 2008 added 246.000 million euros, what it turns to the region on the biggest trips market on a global scale, according to the European Commission.

The norms of the European Union with regard to the holiday bundles go back to 1990 - before Internet - and pr otegen to the consumers against losses, cancellations and airlines only in the cases in which the flight, the accommodation and the services are reserved across the only provider.

Meglena Kuneva, police station of Consumption of the EU, said in a bulletin in which he announced the plans for a study of a year of duration on how the instructions they can improve that “we need a strict protection that gives to all the consumers who reserve a holiday bundle the calmness that they deserve”.

The number of citizens of the EU who reserve dynamic bundles across Internet places has grown quickly, coming to more than 100 millions, according to the statistics of the Commission.

This process usually forwards the tourists who reserve a flight across a web to other places for rent of cars, reservation of hotel and other services like tours.
In Sweden and Ireland, approximately 45 % of those who take a vacation does his reservations across dynamic bundles, often without realizing that they are much less protected opposite to possible losses than across a traditional holiday bundle.

Image CC of Paul Lowry

What to do before Records of Regulation of Employment

The European Parliament asks the EU to be an espcio without smoke

2009-12-01T13:51:00.001-08:00

The European Parliament has approved a resolution in which he underlines that only a “widespread prohibition” of smoking in all the closed places of work and in all the facilities and public means of transport can protect the health of the workpeople and of not smokers.

Nevertheless, the Euro MPs have pushed back to ask the Commission that present legislation on the prohibition of the tobacco. This way, the Euro MPs, who have approved the resolution with 520 affirmative votes, 53 in against and 45 abstentions, underline the importance of turning the European Union into a free smokes space in the public places, including those of the sector of the restoration, with the target to protect the health of all the citizens and of “facilitating greatly to the smokers to stop smoking”.
In spite of everything, the plenary meeting has pushed back a paragraph in which one was asking the European Commission “to present before the Euro Parliament and the Advice a legislative proposal on the prohibition of smoking for 2011 in all the closed work places, it include all the facilities and public means of transport of the EU“.
Finally, the approved text receives with satisfaction the performance of those Member states that they have already adopted “effective measurements for the protection from the smoke of tobacco” and he has asked the Twenty-seven to continue “introducing norms for the protection of not smokers”, as well as to increase his efforts to protect them.

Also the resolution alludes to the situation of free official spaces of smoke, like the proper European Parliament, for what it has re-affected in that it must serve “to give example” to the Member states and must prohibit to smoke “in all the spaces” of the Euro Parliament without exception and with immediate effect.

Also it is underlined that the tobacco is the principal cause of avoidable death, and that he supposes more than half a million annual deaths in the EU. According to the Eurobarometer, and l 70 % of the population of the EU does not smoke and a majority of the citizens is in favor of that he prohibits himself to smoke in all the public places.

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The European Parliament allows to cut Internet without judicial permission

Phone 116000 to attend to cases of missing children

2009-12-01T04:43:00.001-08:00

The new telephone number 116000 will gather immediately the calls d and it denounces for minors' disappearance, as well as any excellent information for the police investigations.

This way, the new direct Line for cases of missing children will have assigned the same number with which similar services work already in other member countries of the European Union like Greece, Hungary, Netherlands, Portugal or Romania.

This way, there is established also the creation of the System of Alert by Disappearance of High Risk (Sadar), which will allow to the persons in charge of the investigation the emission of alerts or notices of collaboration the citizens across the mass media.

The new protocol signed by the secretary of the safety State, Antonio Camacho, favorite in the only text the police performance before the minors' disappearance, as well as in those considered disappearances of adults of “high risk”, in order to “to improve the answer capacity” especially in the first hours “that are crucial for the police work”.

This way, one orders the police unit that receives the first notice to incorporate the denunciation into the Database of Missing Persons and Corpses without Identifying to verify that it is not a question of any of these persons, at the time that it will warn from the case to all the police, state, autonomic or local departments.

For the Department of the Interior, the disappearance of a minor will be always presumed how of “high risk” with independence of which the absence is voluntary or not.

In case of the age biggest, the Police will value any suspicion on a possible sequestration or extortion, if he is a victim of violence of genre, if it has disappeared without papers or money, or it presents some psychic or physical disability that could put in danger his life, between other situations.

Once it should be considered that the disappearance performs high risk, he will communicate to himself the fact to Interpol, and will be warned to the frontier positions and to the centers of police and customs cooperation to avoid his possible exit of Spain.

Of parallel form, there will be valued the expediency of expressing an international search alert for which the existing river beds of police cooperation will be used.

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To choose the best insurance for your car

Ecuador and Bolivia will protect his consumers across the constitution

2009-11-30T02:52:00.001-08:00

The new Constitution of Ecuador, approved last September 28, incorporates a paragraph into four articles dedicated to the protection of the consumers. Also the future Constitution of Bolivia, which will surrender to referendum on January 25, includes articles dedicated to the rights of the consumers.

It is a question of new advances in l to protection of the civil rights of the Moral governments of Rafael Correa y Evo.

The Ecuadoran Great Letter points out that “the law will establish the mechanisms of quality control and the procedures of defense of the consumers and consumers“, as well as “the sanctions for violation of these rights, the repair and indemnification for shortcomings, damages or bad quality of goods and services, and for the interruption of the public services that was not caused for fortuitous case or force majeure”.

Also, it raises that “the companies, institutions and organisms that give public services users and consumers will have to incorporate systems of measurement of the satisfaction of the persons, and put into practice systems of attention and repair”.

Also he gathers that “the State will answer civilly for the dammages caused to the persons by negligence and oversight in the attention of the public services that should be to his charge, and for the lack of services that have been paid”.
The Ecuadoran Constitution establishes the legal and penal liability of “the persons or entities that give public services or that produce or commercialize consumer goods”, “for the deficient service, for the defective quality of the product, or when his conditions do not agree with the carried out publicity or with the description that it incorporates”.

And also he gathers that the consumers “will be able to constitute associations that promote the information and education on his rights, and represent them and defend before the judicial or administrative authorities”.

As for the future Bolivian Constitution, which will be voted in referendum in January, it points out that the consumers have right to the products supply “in conditions of harmlessness, quality, and suitable and sufficient available quantity, with efficient and opportune service of the supply”.

Also it raises the right “to the trustworthy information about the characteristics and contents of the products that they complete and services that they use”.

Image CC of Presidency of the Republic of the Ecuador

Directory of Consumers' Associations
Housings lease across the Public Society of Rent

The ‘eviction express’ will come into force next month

2009-11-27T11:15:00.001-08:00

After his publication today in the Official Bulletin of the State (BOE), the Law of measurements of promotion and procedural speeding-up of the rent and energy efficiency of the buildings, which includes the speeding-up of the processes of eviction, will come into force in one month.

This new norm includes a reform of the Law of Civil Indictment directed to facilitate that the lessors could recover his housing of a rapid way in case of serious nonperformances of the payment of the rent without this reducing the rights of the tenants.

This way, the suppression of steps and the reduction of period in the procedures prevent from extending in the time the suspense on the resolution of the conflict, without with it his procedural guarantees turning out to be shaken.

Also, the text extends the assumptions contemplated in the Law of Urban Leases in which there does not proceed the obligatory extension of the contract of rent.

To the assumption in which the owner should need to occupy the housing for proper use there is added now the possibility that it should need it for his children, his parents and his couple in case of firm legal decision of divorce or matrimonial nullity. In parallel, as a guarantee of the juridical safety, it is foreseen that all these circumstances will have to consist definitely in the lease contract.

Finally, also there is included the reform of the Law of Horizontal Property, which modulates the necessary majorities so that the owners' communities adopt agreements on the progress of the energy and water efficiency of the real estate.

Of the same way, and in order to promote and to favor the sustainable transport, the installation is facilitated in the parking of the building of a point of reload of electrical vehicles for private use, whenever this one is located in an individual garage square.

Image CC of comakut

I get divorced express, rapidly and economically.
I evict to solve a difficult rent
Advantages of the rent

Banco Continental denounces BBVA for receiving commission on having counted tickets

2009-11-27T02:07:00.001-08:00

The Peruvian branch of the BBVA, the BBVA Banco Continental was denounced by the Peruvian Association of Consumers and Users (ASPEC) on having received a commission for counting the tickets that the users deposit in the windows to his accounts from the number thirty from now on.

According to the web of ASPEC, the above mentioned financial institution charges from the reception of the ticket number 30 from now on, the sum of 0,15 cents for every new ticket that the user delivers in window and without this one noticing that this commission is being received.

The Supervision of Banking, Insurances and Administratrices Privadas of Pension funds (SBS) and the Central Bank of Reservation (BCR) have tackled actions against the bank, after the denunciations interposed by ASPEC. This way, Jaime Delgado, the president of ASPEC, warns that “it is a question of an excessive and unusual cashing that lacks technical or legal justification, one shows more of the way in which the banks and financial institutions take advantage of the good faith and the ignorance of the consumers”.

This way, the SBS made sure that he has not authorized the cashing of the commission and that this one cannot be moved to the financial users, for what has initiated the corresponding performances of supervision and inspection to finish with this excessive cashing. For his part, the BCR has been pronounced in similar terms.

This way, the ONG Consumidores in Action FACUA has criticized that the abuses of Spanish companies that operate on a global scale go much further in countries where the protection levels to the consuming sound, in diverse ambiences, more shallows than in Europe.

ASPEC has demanded from the Continental Bank BBVA that should suspend immediately the application of a commission “that of course would not be capable of charging in any other country where it operates”.

Image CC of Charlie Wild

Directory of Consumers' Associations

The flights passengers late will have a compensation

2009-11-26T16:59:00.001-08:00

A judgment dictated by the Court of Justice of the EU affirms that c uando the passengers come to the final destination three or more hours after the hour of due arrival, they can, the passengers of the cancelled flights, request like a compensation to so much lifted to the air company, unless the delay should to extraordinary circumstances.

This way, the community regulation on compensation and assistance to the air passengers foresees that in case of flight cancellation, the passengers can obtain a compensation of between 250 and 600 euros. Nevertheless, it is not foreseen definitely that the passengers of the backward flights enjoy also the same right.

This judgment was answering to several prejudicial questions raised by an Austrian court and another German, which had to be pronounced on resources interposed by passengers of Condor and Air France, respectively, and who claim to these companies the payment of the compensation foreseen for the cancellation of flights, for having moved them to the destination airport with debts of twenty-five and of twenty-two hours with regard to the due hour of arrival.

This way, the Court of Justice thinks that the duration of the delay is not enough so that the flight could be considered to be cancelled, not even in case a big delay should take place. Nevertheless, if the air company moves the passengers in another flight, that is to say, in a flight programmed independently of the flight reserved by the passengers, the flight can, in principle, to be considered to be cancelled. Also it points out that these passengers suffer a similar damage, which materializes in a wasting time, therefore the situation is comparable.

Finally, the Court of Justice observes that this delay does not give right to compensation if the air company can prove that the delay owes to extraordinary circumstances that escape to the effective control of the air company and that might not have been avoided even if all the opportune measures had been taken.

Image CC of ReservasdeCoches.com

The residents will have to pay the IBI of the parkings
What to do before the air debts

The residents will have to pay the IBI of the parkings

2009-11-24T22:03:00.001-08:00

The National Hearing has solved that the residents must pay the Tax of Real estate (IBI) on having considered like property holders the users' communities that manage this type of squares of garage. This way, the judicial battle for the payment of the tax in the parking authorizations has turned out to be unfavorable for these.

The Section Sixth of the Room of the contentious - Administrative of the National Hearing solves the contentious one that there has raised a good number of residents' garages from middle of the nineties not to pay the IBI.

And the fact is that the heyday of the construction of these parkings impelled the figure of the administrative authorization from the town halls, from the phase of construction up to his enjoyment for the neighbors of every area. These began to get the liquidations of the IBI for the places that they enjoy and that in due time were given to them by the respective municipality, but they tried to brake this payment in the courts because they were understanding that the property holder of the garages is the company adjudicataria of the construction project.

Said otherwise, the authorization does not transmit the residents, since so that this happens – this way one was alleging in the resource – it must be done following a series of formalities, like “the previous authorization” of the Public administration and “the formalization of the same one in public writing”.

The judgment (Rº 101/2008, of October 8, 2009), written by the president of the Section Sixth, Maria Asunción Salvo Tambo, differs from the exposition of the users' communities and believes that these are the property holders of the residents' parkings. To come to this solution, he analyzes the specifications and the applicable legislation, the Legislative Royal decree 2/2000.

As he tells the mentioned judgment, “as soon as there was transmitted the use of all the parkings to the residents and the management of the parking to the users' community, it turns out to be clear that the exercise of the faculties of the authorization has happened to the community”.

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Not related posts.

Millionaire indemnification for an ex-smoker

2009-11-24T12:31:00.001-08:00

The cases of ex-smokers who demand the tobacco companies it is not new, nevertheless in this case cake of a judgment that condemns to the tobacco one of the industry, Philip Morris, to pay more important a millionaire indemnification. This way, a court of Florida has ordered the tobacco American Philip Morris to indemnify with 300 million dollars (approximately 200 million euros) Cindy Naugle, 61-year-old ex-smoker who is in a wheels chair due to an emphysema provoked by the consumption of tobacco.

This way, the jury of the court of the county of Broward estimated in 56,6 million dollars (37,9 million euros) the past and future medical expenses that the company will have to assume, part of Altria Group Inc, the biggest snuffbox of the United States, in addition to 244 million dollars (166 million euros) in compensation for damages.

Nevertheless, the company has announced that there will appeal the mistake due to “several errors of the judge of the case”, reported in a bulletin the spokesman of the company Murray Garnick. As has affirmed the proper Garnick, the company believes that “the whole of the compensation for damages is extremely excessive and supposes a clear violation of the constitution and the law of the State”.

That of this case is the biggest verdict of the called cases of Engle that has been judged until now, in allusion to the ex-smoker Howard Engle who turned into a modality of the struggle against the tobacco and who gained a judicial battle against the principal tobacco ones of the country in representation of more than 50.000 persons with illnesses derived from his addiction to the tobacco. The case known as Engle v. RJ Reynolds, resulted in the biggest verdict in a judgment in the history of the United States, with 145.000 million dollars.

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How to ask the State for an indemnification
Suppression of the deduction for 400 euros in the IRPF
400 euros will be supported for the minor revenues 8.000

López Garrido: "The accusations of embezzlement of public funds are false”

2009-11-20T19:47:00.001-08:00

iego López Garrido, secretary of the State for the European Union, was reaffirmed this Monday in his innocence on having insisted that the imputation for a supposed crime of corruption and embezzlement of public funds for the subsidies granted to the Foundation bases Alternatives on "false" accusations.

This way, López Garrido affirmed that seven days before being nominated a secretary of the State it was dismissed in the foundation, so all the subsidies of the program were awarded “fitting to the legality”.

Also, also he said that “in a democracy resignations cannot be asked because anybody should accuse falsely a person, we would put ourselves in hands of the unscrupulous ones of the world that try to make to resign half a Government and an administration. We all have to fight against the false denunciations, if we would not be in hands of the professional plaintiffs”.

López Garrido, after affirming that it is provided with the “absolute support of the Government and of the party“, wanted to clarify that the judge neither accuses him it does not even impute to him anything, “as it is logical”. Finally it tinted that the "false" accusation that weighs on him “is not comparable” to judicial procedures in which it has opened investigations in charge of the police and of judges against other politicians, referring to the imputed ones of the PP, which as he said “they should know when they have to go away”.

If it sets off, The PP has decided to change a question of the meeting of control to the Government of next Wednesday into the Congress to interrogate the Secretary of State, Miguel Ángel Moratinos, on supposed subsidies of the secretary of the State for the EU, Diego López Garrido, to the Foundation Alternatives, linked to the Spanish socialist party, and of that he was an employer. This way, this new question will be as it continues: "Is the Secretary of State satisfied with the management of the authorization of subsidies carried out by the secretary of the State for the EU?”.

Image wikimedia commons

Not related posts.

What to do before buying a house

2009-11-20T10:36:00.001-08:00

Initially, to acquire a house means to wonder where he wants to be lived, what is the price that it is possible to pay and that it is necessary to realize negotiations. Aspects as the place, orientation, the services common and like that a length etc. must not be chosen lightly.

After selecting numerous announcements, visiting real estate offices and doing multiple calls, the trip begins to see the elected houses. Not to lose the time, there agrees to make clear that the acquisition is not of interest if the description of the announcement does not correspond to the reality.

Once the housing has already been chosen or while apartments are seen it will be convenient to visit banks and savings banks to know his different offers. They all will try to sell his mortgages to rates of fixed, variable or mixed interest as the indexes of reference. The entry paperwork seems overwhelming.

Nevertheless, not everything is so difficult if one shells every step to one. The experience of the most nearby persons perhaps helps to level the way, or at least to do more familiar words as Euríbor or substitution. To start it is necessary to reckon at least that the sign that it will be necessary to deliver by way of buy reservation can be of between 5 and 10 % of the value of the building.

This way, some financial institutions are big enough up to hundred for hundred of the value of appraisal of the housing, but the normal thing is that they grant a loan for 80 % of the value of appraisal (not the real price). The bank determines the quantity that is big enough according to the value of appraisal of the housing and the capacity of indebtedness of the buyer or buyers.

Once the heel is signed or the sign happens it is recommended to sign the so called contract of pledge, which compromises the signatories in the buy of the housing. The pledge is regulated by the law so that buyer and/or seller could retract. If the buyer does it it will lose the amount of the sign. The seller for his part, promises to sell the house to this person in particular. If it does not do it it will have to indemnify it with the double of the quantity of the sign.

Image CC of wikimedia commons

He translates

Second-hand cars, to buy safely
New housing: all the roles in rule before beginning to live in her.
How to do a rent contract

Annulled twenty imputations for the fire of Guadalajara

2009-11-20T01:25:00.001-08:00

Maria del Mar Lorenzo, the judge of the Court of the First Instance and Instruction of Sigüenza, has dictated a car into which it transforms of abridged to ordinary the judicial procedure for the fire of Guadalajara, leaving without effect the resolution that dictated last May 20 for the one that imputed for these facts 20 persons for the fire that finished with the life of eleven members of a reserve in July, 2005.

This car, which gives the account finally to the Attorney General's office, has date of November 10 and into him the jueza decides to transform the present procedure abridged to ordinary summary, giving for the realized judicial steps valid, except the cars of date of May 20 and June 22, 2009. And l car in itself was including as imputed, to the ex-adviser of Environment, Rosario Arévalo; the ex-general manager of Forest Politics, José Ignacio Nicolás; the ex-Environment delegate in Guadalajara, Sergio David González; the mayor of Riba de Saelices, José Luis Samper; as well as the one that was responsible for the Nature reserve of the High slash, Rafael Ruiz López; Marcelino Herce (the supposed author of the barbecue that caused the fire); and those who supposedly were watching it, Juan José Jiménez and Iasson Klados; as well as technical staff and officials of the Meeting between others.

Between the mentioned technical staff of the Meeting, the car now invalidated was imputing Carlos Damián Muñoz, technician of the emergency phone 112; Antonio Solís, chief of provincial coordination of fires; as well as Miguel Genaro Aguilar Antonio Pallarés, José Maria Gaitán, Ángel Millán and Alfredo Luis Chavarría.

This way, this new decision of the jueza of Sigüenza gives now the account to the Attorney General's office that presented a resource choosing for a judgment that was not developing for the brief procedure, what means that if the car becomes firm, the judgment will be celebrated in the Provincial Hearing and not in the Court of the Penal thing as from the particular accusation one was asking.

Not related posts.

Judgment for the murder of the Mayor of Fago

2009-11-19T06:25:00.001-08:00

Santiago Mainar, who appears before the Provincial Hearing of Huesca like supposed author of the murder of the mayor of Fago, Miguel Grima, affirmed in answer to the questions of the fiscal chief of Huesca, Félix Zazurca, that it went out of the personal Disgust vehicle in the forest track of the municipality of Berdún after the murder, where some days later the car appeared. Nevertheless, instantaneously it went back.

First of all, Maina declared this morning before Zazurca during approximately three quarters of an hour. In the course of the examination, Félix Zazurca, giving for the autoaccusatory Mainar declaration true, realized in February, 2007, asked Mainar how he knew that it was possible to go out physically out from the seat of the driver, when the vehicle came to Berdún, that is to say, after the murder. “I went out …” Mainar answered, to what the district attorney asked again him “how it went out”.

This way, Mainar asked for “pardon“ and expressed: "and give to him in spite of going out … the fact is that they are tying me up”, after what he affirmed that “I went out with this declaration; this exit of mine, this declaration” that it realized in the initial confession, in 2007, when he said that it was possible to go out freely out from the seat of the driver, was “the first thing that occurred to me”. Mainar was alluding this way to a supposed rhetorical "exit" in his autoaccusatory declaration, being excluded from the place of the facts.

On the other hand Santiago Mainar made sure that he was infuriated by “the wretched exercise of the power” that, to his judgment, realized Disgust in his mayor's facet and insisted at all times that the finished confession that did in 2007 like the only and material author of the murder is false.

Before the district attorney he affirmed that his decision of autoinculparse answers to his interest to provoke the celebration of a public judgment so that “it was debated” on the "situation" through that the municipality of Fago was living then, in January, 2007, alluding to the clash, sometimes verbally and up to judicial, between the mayor and his detractors. Santiago Mainar denied that he should dislike that Disgust was opening the rural house ‘Tadeguaz‘, although it alluded to the "arbitrarinesses" that, in his opinion, the mayor was committing, which was "infuriating" him, since “before the arbitrariness I get indignant”, which is affirmed proper Santiago Mainar “a moral topic”.

Image wikimedia commons

The judgment with jury
Judgment to 11 Islamist ones for trying to commit an outrage in the meter of Barcelona

CC.OO. remembers that the social dialogue has not been recaptured despite what could seem

2009-11-18T21:04:00.001-08:00

Ignacio Fernández Toxo, General Secretary of CC.OO, has been sorry about today that “is considered discounted” that the social dialogue has already been begun again (after his rupture this summer) when in fact no negotiation stage still has been opened.

This way, Fernández Toxo, assured in declarations the press before informing in a delegates' assembly in the head office of CC.OO.-Madrid, which, in of the social dialogue, “has passed from the target to the black without going along along the gray ones”. The trade union leader was answering this way on having been asked about the declarations of several members of the Government, between them Celestino Corbacho, Secretary of Labor, on the topics that should be discussed to three bands in the social dialogue.

This way, the proper Corbacho has declared that the German model that combines the reduction of the day with the cashing of the unemployment should be priority for Government, businessmen and trade unions.

Before these innovations, Toxo has answered that cannot speak to himself that the social dialogue has been begun again and it pointed out that it seems that the Government and the social agents are speaking for the time being across the press instead of doing it face to face.

Of this way, he affirmed that “it seems that we are speaking to ourselves across the mass media and it is important to speak to him but it is better do it straight. There are initiatives, ideas and proposals that can develop and it would be very suitable that it was beginning (the negotiation), but to give for deducting that has already begun perhaps ends up by generating new frustrations”.

Also Toxo remembered that the trade unions are trying to recover the confidence in one of the speakers who are part of the social dialogue, the CEOE, with whom he hopes to be able to sign next week the agreement to unblock the collective bargaining of this year, knowing as well as this “does not stop being an intentions declaration” to invite the negotiators to park finally the conflicts.

Image wikimedia commons

The Government recovers the social dialogue

The Government recovers the social dialogue

2009-11-18T08:08:00.001-08:00

The collective bargaining agreement that the principal management ones and trade unions will sign on the 18th has thrown finally good news on a social dialogue that seemed stagnant. This agreement does not happen of being a joint intentions declaration, in that both parts urge his representatives to adopt positions nearer to the understanding.

Nevertheless, for the government it means much more. This way, the team of Rodríguez Zapatero is anxious for recovering the social dialogue - ”forum of debate and negotiation between the Government, the managerial organizations and the head offices -” noisily I rotate in July and it already sees a tripartite table feasible to examine the labor market and to try to improve it formed by CEOE, CEPYME, CC.OO. and UGT, in addition to the government.

This way, Celestino Corbacho, Secretary of Labor and Immigration, it revealed in the corridors of the Congress that had supported an interview with the economic vice-president, Helen Salgado, to prepare the way. José Blanco, the minister of Promotion, was other of the members of the Government that partner mentioned the dialogue l, while it was taking part in the opening of the 25th congress of the federation of the Metal, the Construction and Related (MCA) of UGT, in Pamplona. He yes bet for «reforms«, word that although different from the used one by Corbacho if he is in tuning with his expositions, since it is a question of adopting measurements that «take a work organization according to the needs of the society of the XXIst century».

On the other hand, Cándido Méndez, General Secretary of UGT, he asked for caution. This way, moments before the MCA congress began he told that the agreement obtained with CEOE is «a small but fundamental step». On the labor reform he remembered that in Spain there are already norms that regulate the reduction of day and of salary to avoid dismissals. It referred to the records of regulation of employment of temporary character. This way, it showed «we must not allow ourselves to drag therefore it happens in other countries. We cannot rush with certain alternatives».

Image wikimedia commons

Stopped without service from January they will be able to ask for 420 euros
The Government approves the monthly returns of the VAT

Judgment to 11 Islamist ones for trying to commit an outrage in the meter of Barcelona

2009-11-17T22:55:00.001-08:00

The district attorney Vicente González Mota requests for the members of this cell, who were detained in the Catalan capital in January, 2008, sorrow that go from the 9 up to 18 years of jail for the belonging crimes to terrorist organization, tenancy of explosive substances and falsification of official document.

This way, the accused who confront the highest request of the District attorney's office, with 18 years of jail, are Maroof Ahmed Mirza, Mohammad Ayud Elahi Bibi and Qadeer Malik, whom the Public Department places like leaders of the group. Also, the district attorney requests 16 years of prison for Abdul Hafeez Ahmed, Shaib Iqbal, Mohamed Tarik, Roshan Jamal Khan and Imran Cheema, as well as nine years for Mohamed Shoaib, Mehmooh Khalid and Aqueel Ur Rehman Abbasi.

Nevertheless, it does not accuse any of the accused of the offense crimes in grade of try or of conspiracy for the commission of an offense, as asks the Catalan Association of Victims of Terrorist Organizations (ACVOT), who exercises the popular action in the cause and requests 315 years of prison for each of the accused. For his part, the defender claims his free acquittal.

As he affirms the writing of the district attorney, the offense was going to be realized by means of “the explosives use on the part of suicides in the network of public transport of Barcelona”, that adds that the supposed terrorists entrusted to get in the cars of the Meter “would be provided with mechanisms of activation of the explosive charge over a distance, there insured themselves the persons in charge of the group of that would commit the suicidal action”.

For his part, the accused were possessing in the domiciles registered after the detentions material of exaltation of the 'yihad' and a bag with nitrocelulosa and perclorato potásico proceeding from the emptying of pyrotechnic flares, according to the Public Department. They had also cables, temporizadores and batteries, “components for the explosive charge or beginning and the buckshot of grapeshots”.

Image: Meter of Barcelona (wikimedia commons)

The judgment with jury

To achieve international privacy standards

2009-11-17T13:46:00.001-08:00

Alfredo Pérez Rubalcaba, Secretary of the Interior, has made sure that and stablecimiento of a few international minimal privacy standards it is a challenge of the States for the effective functioning of the securities force. This way the Interior holder was useful in a meeting of XXXI International Conference of protection Authorities of Information and Privacy, inaugurated today in Madrid for the Princes of Asturias, to advocate the intensification of the protection of information.

Pérez Rubalcaba has aimed that the answer of the developed country has been the “agreements proliferation trying to face commonly to a common problem”, at agreements that “must be perfected in the next years to prepare crimes” like the cybercrimen, terrorism or organized crime. This way it points out that “we stake very much with the balance between safety and privacy” and that this “difficult equation” is checked now.

The secretary of the Department of Interior Safety of USA, Janet Napolitano, there is throwing a message centred on the need of “transparence and cooperation between the States”. This way, the same way it has pointed out that “one of the best lessons of 11-S was the importance of sharing information between the States” in the struggle against the terrorism and the safety guarantee, having turned dates sharing in one of the best hardware for the crime prevention.

Juan Fernando López Aguilar, as president of the Commission of Civil Freedoms, Justice and Matters of Interior of the European Parliament, emphasized in the same forum as the Treaty of Lisbon that it incorporates like binding regulation the European Letter of Fundamental Rights, which protects the privacy of the citizens, what supposes a reinforcement of the guarantees.

Artemi Rallo, the director of the Spanish Agency of Protection of Information (Agpd), for his part has emphasized that “we are before a historical moment in which new windows are opened for the relation between safety and privacy”.

Organic law of Protection of Information

Luxemburg will report on the revenues and the patrimony of the Spanish

2009-11-13T16:11:00.001-08:00

Luxembourg and Spain have agreed to modify the agreement on double imposition and this way the Central European country promises to give to the Spanish Treasury Department all the information necessary for the control of the revenues and patrimony that the Spanish taxpayers have in this country.

Helen Salgado and Luc Frieden, (the second vice-president of the Spanish Government, and the from Luxembourg minister of finance, respectively) have signed the agreement in Brussels, shortly before the beginning of the Cabinet of the European Union in which both take part.

By means of this modification of the bilateral agreement, Luxembourg completes the fulfillment of the requisites foreseen by the Spanish legislation not to be included in the list of tax havens, according to official sources. The mentioned modification fond of the article 27 of the current agreement and he supposes the acceptance on the part of Luxembourg of the clause of exchange of “effective information” in tributary matter.

This way, from January 1 of the next year, the Spanish tax office will have all the fiscal information necessary for the suitable and effective control of the Spanish taxpayers with revenues and patrimony in Luxembourg”.

Also, this new bilateral agreement fits to the model of standards of transparence and information exchange established by the OCDE (Organization for the Cooperation and the Economic Development), in order to prepare the tax evasion and to fight against the so called "tax havens". The agreement implies “the access to information bank and countable, as well as the aptitude to identify the effective beneficiaries of any type of deal, what it will allow to continue with the struggle efforts against the international tax evasion”. Also, by means of the modification “the law allows the possibility of regularization for those taxpayers who had not expired with his arrears of tax in the established legal period” in Spain.

Succession right, quite on the testaments
What is the Tax On Hereditary Transmissions and Documented Juridical Acts
400 euros will be supported for the minor revenues 8.000

The account Court will control the foundations of the political parties

2009-11-13T07:02:00.001-08:00

The incessant appearance of cases of corruption at autonomic and municipal level they have turned to the Law of Financing of the Political parties and to the account Court in the axis of the reforms that the majority political education negotiates to reinforce the capacity of inspection of the accounts of the political parties and his transparence.

These reforms were already aimed two years ago by the proper Court of Accounts in a motion prepared owing to the modification of the regulation of financing of the parties. This way, the current president of the Court, Manuel Núñez, has insisted now during his last appearance before the Mixed Commission Congress - senate again, in order to reinforce the subjection of the parties “at the beginning of regularity and transparence”.

The Court thinks that in this motion the parties “should present consolidated financial conditions of all his territorial and institutional organization and, in his case, of the foundations belonging to his political environment and of the societies in in whose share capital they take part for the most part”, in consonance with the conception of the political parties like the only economic and financial reality.

These aspects are considered to be one of the principal mechanisms of countable opaqueness and of irregular financing, since normally the reports that the political parties send the account Court gather only the statements of accounts of the party as entity without descending to the detail of the income and expenses of every local group.

This way, the account Court proposes to provide “with a more precise regulation to the contributions not dinerarias that, in very differentiated forms, could be carried out to the political education and contemplate the relations that, in the field of the financing, they could support with foundations and other related entities”.

The Court tackles also the debt remissions agreed with credit companies, as regards operations of indebtedness previously coordinated and with providers by rendering of service. With regard to these remissions, it raises that it develops “a regulation expresses that I contemplated his authorization or prohibition, and establish the diet to which, in his case, they should surrender”.

Two executives of JPMorgan, accused of buying politicians' favors

The European Parliament allows to cut Internet without judicial permission

2009-11-11T17:32:00.001-08:00

After two years of hard negotiations in the bosom of the European Union, finally there has been achieved an agreement on the ‘bundle of telecommunications’, which supposes a wide reform of the sector that he negotiates from 2007. This way, between other aspects, it will be allowed to cut the access to Internet without judicial authorization to the one who unloads music, movies or other files protected by copyright, without need for a previous judicial authorization.

In compensation, the Euro Parliament and the member countries agreed a new article about protection of the rights of the Net users that was not foreseen in the initial version of the legislation, by means of that one affirms that the restrictions to the access to Internet “can only be imposed if they are adapted, provide and necessary in a democratic society”.

These measurements will be able only to be adopted “respecting the beginning of presumption of innocence and the right to the privacy” and like result of a “previous, just and impartial procedure” that it guarantees “the right to be listened” and “the right to an effective judicial review and in the opportune moment“. Finally, it will be possible to cut the Internet connection without judicial permission, but the Net user will be able to come to the judge.

The judicial valuation
Intellectual property in Internet
Electronic commerce: Https, buys safely in Internet

Stopped without service from January they will be able to ask for 420 euros

2009-11-11T08:15:00.001-08:00

Those idle that exhausted his welfare between January 1 and August 1 of this year will be able to begin requesting the helps of 420 monthly euros, after the Senate was approving recently the reform of the norm that regulates these services.

Jesus Membrado, the spokesman of Work of the Spanish socialist party in the Congress, made sure that this service is not directed to the autonomous ones. This way, he denied that any parliamentary agreement should have taken place to include the autonomous ones in these helps, as it had been published in some means. This way he said that the helps “are limited to the workpeople by foreign account”.

The spokesman, who in these moments is immersed in the negotiation on the project of law of urgent measurements of promotion of the employment, has affirmed that the only one I 'wink' that his parliamentary group has offered to the opposition as regards the autonomous ones it is to gather explicitly in the above mentioned norm the commitment signed in May by the Government to allow the autonomous ones to gain access to not contributory services that the communities give.

This way the socialistic deputy insisted that “one did not speak anything about 420 euros”, and remembered that the Senate approved yesterday the reform of these helps without modification with regard to introduced in the step of the Congress of three weeks ago. Between esats modifications, he emphasizes the possibility that those idle who should live with his parents could choose to the helps when the sum of the revenues of all the members of the household, included that of the petitioner, divided by the number of members who compose it, does not overcome 75 % of the Interprofessional Minimum wage (SMI), “excluded the proportional part of two extraordinary pays”.

The same way, the administrative resolutions on the service and the corresponding payments will be carried out in the minor possible term. With this object, the Public Service of State Employment will be able to establish agreements with the CC. AA. this way to be able to carry out the necessary performances.

The famous persons 400 Shoemaker's euros
To receive the welfare (I)
How to ask for a salary increase?

Two executives of JPMorgan, accused of buying politicians' favors

2009-11-10T15:36:00.001-08:00

In 2003, the executive director of that time of JPMorgan, Charles LeCroy, in conversation with a companion was commenting on the plan that it had to benefit from the operations of debt refinancing that were carried out in the county of Jefferson, Alabama. This way, the ex-manager afrimaba: "I have to have the politicians of my side. And, of course, this time will be necessary to choose carefully the partners who are going to receive money”.

This county in Alabama was the perfect stage for these performances, since the politicians of the region had decided to refinance about 3.000 millions of his debt, by means of an intricate combination of derivatives that was including bonds of floating interest and swaps of interest rates (IRS). Also, according to the SEC, the mentioned one LeCroy and Douglas MacFaddin, which was entrusted of municipal JPMorgan derivatives between 2001 and 2008, they paid more than 8 million dollars to signatures well c onectadas politically to insure themselves his participation in the agreements.

Recently, the American bank came to a partial agreement with the SEC for 722 million dollars that was contemplating the pardon of 647 millions in fees to which the county had to face for the operations with the derivatives. Nevertheless, JPMorgan continues without allowing nor to deny the facts, although by means of a bulletin he has made sure that “the charges refer to realized deals 6 or 7 years ago on the market of derivatives of municipal debt. Since then, the bank has interrupted this activity and the personnel in question is already not part of the staff”.

Also, so much the lawyer of LeCroy like that of MacFaddin they affirm that his clients did not infringe the law, and they are going to plant facing the charges that the judicial authorities can impute to them. This way they think that the SEC has gone too far in his functions, since it has no jurisdiction on these financial elements (derivatives, financial instruments tied to actions, bonds, currencies, prime matters, credits or specific events as the changes in interest rates), indicating like fraudulent legal business practices.

Second-hand cars, to buy safely

Effects of the suppression of the law Beckham

2009-11-10T06:28:00.001-08:00

The called Law Beckham (the fiscal advantages for the foreigners who come to work to Spain) is going to be repealed after the agreement reached by the government with the groups of left. This hardening of the tax system can brake of very notable form the arrival of talent and investments to Spain, since it affects much more important groups for the economy that that of the soccer players like scientific or tall managers, and it might have this way a few negative consequences for the development of our economy.

This law was approved by Aznar's Government in 2003 and it developed later with Shoemaker already in the power, with the target that the foreigners come to work to Spain supporting the fiscal advantages of not residents for five years. This way they pay a fixed type of 24 % for the revenues obtained in our country, instead of 43 % like the Spanish, and also they do not have to pay anything for the income obtained out of Spain, such as real estate revenues, appreciations of his investments or contracts of image.

This news has obtained big holders for affecting the stars of the soccer, but the measurement can have very negative effects in the foreign investments in Spain in general, and for Madrid in particular, since it can cut his aspirations to turn into an excellent financial center in Europe. This way, the Community of Madrid had thrown the project Madrid Financial Center to create a 'City' in the capital to resemblance of the one that exists in London, a species of financial center for the South of Europe, counting with the support of the bank Santander, BBVA, Box Madrid, Mapfre, Garrigues and several business schools, between others.

The end of this law has come with the approval of the amendment to the General Budgets of the State that consists of the suppression of the mentioned profitable diet when the income overcomes 600.000 Euros brutto per year. This had being a traditional IU claim,-ICV and BNG, which had requested repeatedly a hardening of the tax system of the highest revenues.

Suppression of the deduction for 400 euros in the IRPF

The right of a child to die

2009-11-06T08:05:00.001-08:00

We penetrate into a thorny area. It it is already with any person, so it is more delicate if it fits talking each other of a child. And the fact is that the parents of a-year-old child dissolve in the British courts if it has to or not to be disconnected of the system of mechanical ventilation that keeps him alive.

Jointly, the mother and the doctors have taken l to decision to leave that he dies without pain, but the father has appealed it before the Justice. And l baby was born with the syndrome miasténico congenital, an illness that takes place for genetic defects in the union neuromuscular, where the nervous cells join the muscular cells. Due to this, the child has severe difficulties at the time of breathing and moving the extremities. After being born, already one hour had to receive assisted ventilation so that he could breathe. It cannot cough, by what his secretions must be withdrawn mechanically so that they do not flood his lungs. It could never have left the hospital.

Before this perspective, the medical equipment has communicated to the court that the child will be able only to take “a miserable, sad and painful existence”, even if a surgical intervention was allowing his transfer the hearth of one of his parents.

Nevertheless, the lawyers of the father support that the brain of the child is not affected by the illness and that it can see, feel and recognize his parents. Also they have showed a video that shows how it amuses itself with his toys. This way, they have proposed that a tracheotomy to be practised on the child.

On the contrary, the doctors who attend to the child think that that will not solve his respiratory problems. According to his pediatrician, it is a question of one of the “more serious cases of physical disability” that it has seen in the thousands of children to that he has attended in the last ten years. This way, the doctor supports that the baby will not be capable of breathing without help, with or without tracheotomy.

The Statutory Right in Spain
Right of assembly
The right to the health care

400 euros will be supported for the minor revenues 8.000

2009-11-05T22:37:00.001-08:00

The deduction for 400 euros in the declaration of the Tax of the Revenue of the Natural persons (IRPF), which was going to disappear with the new fiscal reforms, will be supported for the revenues with a tax base lower than 8.000 euros per year and will have progressive character for understood between this quantity and 12.000 euros, with the target to promote the distribution of wealth and the fiscal justice.

José Antonio Alonso, the spokesman of the Spanish socialist party in the congress, has affirmed that to support this deduction will suppose an income decrease for the State of 420 millions, but that he will benefit two million persons. The maintenance has been possible thanks to the agreement with IU-ICV and BNG. This way, the spokesmen of the parliamentary groups of ICV, Joan Herrrera, of IU, Gaspar Llamazares, and of the BNG, Francisco Jorquera were who announced that the agreement with the Spanish socialist party to support this transactional amendment.
The deputy of ICV Joan Herrera pointed out that the fiscal deduction for 400 euros will be carried out in a progressive way up to a few complete yields of the work that he calculated in 15.645,5 euros per year, quantity of gross salary, which in absence of other revenues and once reduced in the fiscally deductible expenses and applicable reductions, is equivalent to 12.000 tax base euros. Also, when the tax base is equal or lower than 8.000 euros, this deduction will stay complete.

This way, the mentioned political education will support the socialistic amendment according to which the help Plan will be extended the next year to the Motoring 2000E. In spite of this, three spokesmen criticized the insufficiency of the General Budgets of the State for 2010 in spite of the agreement with the Spanish socialist party.

The spokesman of IU, Gaspar Llamazares, also confirmed that his group keeps on negotiating with the Spanish socialist party amendments related to the Social security and minimal pensions.

The famous persons 400 Shoemaker's euros
Budgets for 2010: taxes increase
Suppression of the deduction for 400 euros in the IRPF

The European Union against the spam

2009-11-05T13:12:00.001-08:00

The European Union raises the need for new laws to try to brake the spam and the abuses against the privacy of the Internet users. This way, one thinks about how to finish with the legal holes in the European laws that control the network. For this, the European Commission meditates starting a new effort that treats to finish the spam.

This topic supposes an increasing worry, since only 12 % civil of the European Union feels safe at the time of realizing on-line deals. According to information of a study realized for the European Commission, a third of the Net users of the Union only would buy in a seller of another European country if it was finding in them advantages of price or quality and only 7 % already does it at present. This way, the confidence of the consumers in the buys for Internet turns out to be undermined by the spam, in spite of the laws in his against that they exist from the year 2003.

As for the origin of the spam, and l principal fatherland keeps on being the put USA. that there general 19,8 % of the whole that happens in the world; continued by China, with 9,9 per cent. In the third place we are to Russia, which has a valuation of 6,4 per cent, while Turkey is provided with 4,4 % of the messages of spam that bombard the users of the network in the European Union. Inside the member countries, Italy is the country neither of that comes major number of messages of spam, specifically, 3 % of the whole, continued very closely by Spain, with 2,9 % and, very far from the United Kingdom with 2,7 % and Germany with 2,4 %.

In this case the European Commission is calling into question the possibility of promoting new civil and penal laws against the spam, which could be applied not only in the European Union, but also out of our borders across agreement with countries like Russia or Turkey. Also, the police stations have affirmed that also they want to guarantee the politics of privacy associated with the on-line offers, so that these are provided with clear and sure contractual terms, so that a new route should be opened for the development of the electronic commerce.

Not related posts.

How to value a company

2009-11-05T03:46:00.001-08:00

To calculate the value of a company is not an easy work, even more if it is a question of not quoted company. This way, there are great those who think that the businessmen cannot know the value of his principal assets.

Although to know with accuracy this value is complicated, different methods exist to meet on him. In spite of this, there is no consensus about the expediency of using a model or due other, between other things, to the shutdown that the crisis has imposed in the mergers and procurement.

This way, to value a company it is possible to choose for the discounted cash flow, the multipliers of comparable companies or the value liquidativo and the real options. The coauthor of the book “The evaluation of the company” and professor of Financial Economy in the Complutense University of Madrid Juan Mascarañas thinks that “they all should coincide in the end” since there should not be a lot of differences in the result of between a system or other, unless information is missing in any of them. Also he recognizes that his favorite one the system of the discounted cash flow.

During the presentation of the mentioned book, the author noticed the importance of a correct evaluation of the companies, although he insisted that “it is an art, it is a question of trying to predict what is going to happen in the future” demonstrating this way the difficulty of this task. In fact, in the end it is a question of common sense, which “is a key instrument on having valued a company because the skills can never replace to the thought”.

The biggest difficulty which there meet the analysts who devote themselves to this function is often the absence of information, especially in not quoted companies, since those who take part in bag have the obligation to make his annual accounts public, and also they usually give more information of forced to obtain a better evaluation on the part of the market bringing this way an extra cost to his investors.

Nevertheless, the book notices that, “really the only thing what not quoted companies lack is of a market price”, a price that, about any case “it is convenient to confirm if the market has not reflected properly the value of the company”.

How to create a company, general aspects
How to choose the name of a company
The business plan

Suppression of the deduction for 400 euros in the IRPF

2009-11-04T18:26:00.001-08:00

The law of the General Budgets of the State gathers, like part of the fiscal reform, the suppression of the deduction for 400 euros in the IRPF.

The economy minister, Helen Salgado has told that 11,5 million taxpayers who declare less than 6.000 euros of yield of annual capital will suffer an increase of 18 to 19 % of taxes, what supposes approximately 6 euros more of average a year. On the other hand, 6 % of the taxpayers that the biggest capital revenue declares (and who contributes with 83 % of the whole of the collection that the State does) he will suffer (of average) an increase in the taxation equivalent to 5.000 more euros to the year, this is, 21 %. The stretch of major taxation, which more than one million euros declares a year, will have a taxation for 30.000 more euros of average.

The minister has detailed also the execution other measurements, like the reduction in five points of the tax of societies for the pymes that well are provided with less than 25 workers, or have income lower than five million euros and support or increase the jobs. Also, reductions will exist in the IRPF for those autonomous who believe or support the employment, whenever they pay across the IRPF and not for modules. This set of measurements should give birth to an annual increase in the income equivalently to 1 % of the GDP, and that he will turn out to be reflected in 2010 and 2011 in box terms.

Also, the modifications in the expense will suppose that the public expenditure will reduce 3,9 %, what along with the tax increase raised in the law of General Budgets of the State, does that the estimation of the deficit for 2010 will spend to be 5,7 % of the GDP to 5,4 %. Due to this reform, the CC. AA. will manage to increase his income, which in his set asecenderán to 2.810 million euros more.

Image: teclasorg

The famous persons 400 Shoemaker's euros
The Government approves the monthly returns of the VAT
That can happen if the Income tax return is not done

The increase of the VAT will not affect to the goods of the first need

2009-11-04T08:07:00.001-08:00

The minister of economy, Helen Salgado, has confirmed that the Government will not increase the VAT limited super (Value-added tax), which burdens with 4 % the products of the first need, although, he said, there are countries that do not have it and which lower taxation is concerning 7 per cent.

These declarations are derived from the increase of 2 points of the general VAT, and of how this measurement might affect to the social classes with less resources. This way, the second vice-president of the Government has presented, after a meeting of the Cabinet the fiscal reform that the Government raises inside the General Budgets of the State for 2010. In spite of the increase, ours is one of the European countries with minor collection of VAT like percentage of the GDP.

This way the minister has told that the VAT of general character will raise from 16 % current to 18 % from July 1, 2010, while the limited VAT will raise of 7 8 % and the limited super VAT, which is the one that applies himself for the basic food, will not rise and will be supported in 4 %.

This way, Salgado has affirmed that “there are a few austere budgets that they contribute at the rate of our productive model and therefore to the recovery of the employment” and “that affect in the social expense, in the protection of those persons who are suffering more effects of the economic crisis and who to the time begin a finding equilibrium of the public accounts”.
Also, Salgado has quantified the expense destined for the social protection in 51,6 % in the law project the General Budgets of the State. 21 % of the suppressed expense will be destined to the transferences to other communities, 6,6 % will devote himself to the payment of the interests of the debt, 6,3 % to infrastructures and I+D+i and 6,2 % to the basic public services like the health, the security of the public from crime or the justice.

Budgets for 2010: taxes increase

The new traffic Law

2009-11-03T22:38:00.001-08:00

The Congress of the Deputies has already approved finally the reform of the sanctioning diet on the subject of traffic, which tries to simplify and improve the notifications system, check the casualty the loss of points and increase the discount for prompt payment to the half. The report of the reform has been endorsed by all the groups during the Commission step, with the abstention of the People's Party, which previously had announced his vote in against.

The motive of the abstention has been that “under the layer of the road safety the rights of the citizens limit themselves” and that it is a project “directed to that the sanctions of the radars are more effective and are collected as soon as possible”. Also, they have affirmed that “it is a rapid collection procedure, not a norm on road safety”.

This new norm foresees that those who pay his fines in the first 15 days, take a reduction as a prompt payment of 50 %, when at present it is in 30 %. It will be possible to pay the sanction with credit card in the same moment. Also, it establishes that only the sanction will be notified once to the offender - instead of three current ones and the companies will be done of obligatory form across an e-mail, being this voluntary option for the rest of the citizens.
Also, this law contemplates the creation of a new web page, named TESTRA (the plank edictal of traffic sanctions), in which the citizens will be able to know the state of his fines, which now will have an exact quantity for 100 euros for the light infractions, 200 euros for the serious ones and 500 euros for the very serious ones. This way, the current sanctioning system is eliminated by stretches (set sail: up to 90 euros; burden: from 91 to 300; and very serious: from 301 to 600 euros).

Other one of the innovations of this new law is that in the cases in which a vehicle is parked in blue area without he having the pertinent authorization, this one will be able to be fined but he will not suppose the retreat of the car on the part of the crane.

Image: Aitor Escauriaza

Fines of traffic, practical advices
Parts of traffic accidents
New housing: all the roles in rule before beginning to live in her.

How to claim an unfair dismissal

2009-11-03T12:47:00.001-08:00

During 20 working days following the that day in which the unfair dismissal has taken place, the worker can claim the dismissal, being the special term of expiration to all the effects. Of this term the non-working days must be deducted in the locality where there has his head office the Court of the Social thing before which one exercises the action.

It is necessary to bear in mind, to the effects of contesting of the dismissal, that in August it is considered to be skillful judicially to these effects, so much for the presentation of the demand as of the pertinent resources. The initial day of the term is the following one that one in which the managerial decision of the dismissal is made known of the worker and the term to protest against the same one begins at the moment when the worker has exact knowledge of the will of the businessman of giving for the contract cancelled, so much in case of tacit dismissal as when one has tried to communicate fruitlessly the managerial decision.

The volunta resolutoria must be presumed since there takes place the situation of remunerative non-payment and labor stagnation.
The term of expiration is interrupted:

a) For the presentation of the request of conciliation before the Service of Mediation, Arbitration and Conciliation (SEMAC). The calculation is resumed the following day before the conciliation has been tried, or passed 15 days without having been celebrated since the request appeared.

b) For the interposition of the previous, obligatory claim to demand the State, Autonomous regions, local corporations and organisms dependent on the same ones.

c) For the subscription of an arbitral commitment in accordance with the established in interprofessional agreement or collective agreement celebrated between the trade union organizations and the most representative professional associations.

d) For the request of designation of public defender, until the above mentioned designation takes place.

What to do before Records of Regulation of Employment
How to request a public defender.
How to choose the name of a company

Rights of a self-employed person

2009-11-03T02:28:00.001-08:00

In epochs of crisis, an exit much appealed for those that have lost his employment is to be constituted like autonomous and to be its own chief. It is a way of not waiting to be hired by a company and to go on to the action of on proper initiative.

But; what does one consider exactly to be autonomous? A worker for proper account or self-employed person is the natural person who realizes of habitual, personal and direct form an economic activity to lucrative title, without subjection for contract of employment and although it uses the stipendiary service of other persons. The self-employed person condition is presumed if there is shown the entitlement of an establishment opened to the public like owner, usufructuary, lodger or other similar concepts.

Self-employed persons will be able to be the biggest persons of age that have the free disposition of his goods; the emancipated age minors, with the limitations that there establishes the article 323 of the Civil Code; and the minors of age and the incapacitated ones, across his legal representatives.

The features that characterize this type of workpeople are fundamentally the following ones: To be constituted as individual proprietor does not demand a capital minimum from himself, unlike raisin with another type of societies. His responsibility is unlimited, so that he answers of the activities of his business with all his present and future goods what supposes that there is no separation between the personal patrimony and that of the company. Namely that they can impede to cover the possible debts that it was contracting in the exercise of his activity. Also, if he is married and does not have goods separation, his spouse also will answer with his patrimony.

On the other hand, the inscription of the individual proprietor in the Mercantile Record is optional, that is to say, that is subject to the will of the businessman. Also it is not necessary to raise to public the certificate of incorporation by means of a notary. Nevertheless, yes that it will be necessary to discharge in the Special Diet of Self-employed persons.
As for the taxes, self-employed person pays across the IRPF in which it can choose between the Direct assessment (Normal or simplified) and the Objective Estimation for coefficients or for signs, indexes or modules. As for the VAT, it can take refuge in the Simplified Diet and in that of the extra charge for equivalence when it is a question of merchants.

Advantages and incovenientes of being autonomous
Types of rights or labor licenses

What happens when Spanish is the one that emigrates

2009-11-02T11:05:00.001-08:00

The concept “immigration“ is still at this point a wrong and erroneous concept, since it keeps on having negative and contemptuous connotations towards the person. Although, when we usually speak about immigration we usually do not bear in mind that we, the Spanish, or Europeans also us migrate towards other places looking for a better labor situation or in any case an opportunity.

But; why do we believe that the Spanish we do not migrate with the same targets with which they make it the rest of persons? The ancient concept of believing that we are more developed and that they are “they“, the foreigners those who need to come to work, it is absurd and incorrect.

What is migrating

Migrating is to travel to any place that is not the original place of the person, but it not quierer to say that the "immigrant" has necessary that to be the person who travels from the south to the north. It usually relate the topic of the migration, or emigration, to economic or labor needs, but not for it, we must judge the persons who look for an opportunity in our country.
The same way the resident persons in a country that receives many persons of other places, looking for a labor opportunity, must not feel threatened or busy.
Adedmás the concept of immigration as threat must disappear, because first of all it is not true and also it is not also just towards the European persons who come to another country to look for the same opportunity, only than in another place …

It helps for immigrants to want to take refuge in the voluntary comeback
Do you know when you need a lawyer?
Guide of the rights of the immigrant

What is it necessary to know before signing a contract

2009-11-02T01:00:00.001-08:00

In some moment doubts or problems can have arisen in his work environment. When would they have to make me indefinite?: Can I refuse to a transfer? Do I have right to day reduction to take care of a sick relative?: What can I do if they dismiss me?

For many, the majority, the work is a subsistence way, for some a way of being realized personally and for others a socialization environment … for all, it is a right gathered in the Constitution and that the law has regulated in all his extension.

The contracts as employee p arten of the Public enterprise or the Private enterprise.

To be able to belong to the Private enterprise, the selection process is independent and the criteria of the Company follow. It is a question of finding qualification and experience in the candidates. The regulation in the hiring is given by the Statute of the Worker and by the Collective agreements, be already for Sector or for the Company if this one is big.

To be able to consult in reference to the contract, it is possible to come to the Department of Labour, in him there appear all the types of Agreements that exist, the INEM also can serve to us as help along with the Department of the Presidency. In the Treasury of Work it can request his labor life, for Internet it is more agile, and the Trade unions also offer help to be able to understand the legalities. In the OCU they offer help and juridical assistance to the associates and also it is possible to resort to the help of some lawyers' consultancy that they will be in charge of reading the small letter.

P it plows to be able to belong to the Public enterprise, it is necessary to be an official. The Basic Statute of the Civil servant is for the one that the contracts regulate with the Public administration.

Over everything, we are that we are persons and that speaking the people always understand each other, but it is suitable that everything spoken takes shape of a role.

Rights and obligations of a contract of practices

How to appeal a traffic fine

2009-11-01T15:39:00.001-08:00

CURSE, they have put a fine to me. … now what do I do? A fright of the villains, it is to be in spite of having to pay a fine to the Headquarter of Traffic, for having parked in an undue place, or for having realized some infraction typified to the frill.

The mailman rings at the doorbell, on having attended to him, it will indicate him that we have a notification with “acknowledgement of receipt“: THE FINE, also it appears in the Official Bulletin of the Autonomous region, Bulletin of free access by the one that they will inform about the information identificativos of the inobservant vehicle, the date and the place in which it was realized, detailing the amount of the fine.

On having known on the fine, there are two suitable options to do if it wants to be appealed:

To hire a Company of Resources of Fines.

On having hired these Big Companies, the benefits are:
They will simplify the procedure to us, they find out quickly about the published in the Official Bulletins of every Autonomous region, have Good Lawyers and know the whole Regulation, have diverse deserving tariffs of his study.

Selection of Companies of Resources of Fines:

2. To make personally the height resource you (fine) or optional resource of restoration (for municipal fines).

In case of municipal fines a restoration resource appears.

For denunciations formulated by agents of traffic of the DGT. In the Basque Country it is a question of the “Territorial Service of Traffic”. In Catalonia, of the “Catalan Service of Traffic”. For municipal fines, to speak to “Excmo. Aytmo. of …”.

Prescription of the procedure

If it passes an excessive time since it presented his allegations until it received the answer (the resolution sancionadora), prescription can allege to escape from the fine. The period are (they are counted from date until date between every step of the procedure):

light infractions: a month of paralyzation more three months of prescription;
burden: a month of paralyzation more six of prescription;
very serious or for papers defects: a month of paralyzation more a year of prescription (in the latter case, also the expiration can allege).

Consulted source: OCU.

Fines of traffic, practical advices
Parts of traffic accidents
The law and the fines of traffic

What does a Magistrate do?

2009-11-01T04:48:00.001-08:00

In Spain a very curious figure exists and it takes root in the rural areas, which magistrate calls himself. Although he could sound gracefully or direct this personage occurs rarely, as it indicates his charge, to put peace between the discussions of the people. But, the figure of the magistrate is still today very unknown.

The magistrate is the jurisdictional organ, which is usually personalized in a particular individual, of a municipality where it has not judged of the first instance. The magistrate does judge's functions and must be an agreement as such although he is not a formation attorney.

Generally the figure of the magistrate is usually chosen by most of the consistory of the people and all the registered or resident neighbors there he can choose to such a charge.

The really curious of the work that the magistrate leads is that, generally he is the mediator between familiar discussions or between debts of few quantity, less than 90 euros. The most daily scenes of the people, as well as discussions between neighbors uo I join, they are usually managed frequently by the figure of the magistrate.
The excellent thing in addition to this figure, is that, estña much established to the village, therefore his decisions often can derpertar polemic for the ties, which perhaps join some of the implied ones.

But precisely in Spain as the judicial system that we have, the Magistrates, they have to his charge the records of the marital status, and for it they are responsible for the care and llevanza for the books that register the birth, marital status, the facts that they affect to the aptitude to act and the death of the persons of such a municipality.

Defender of the People

Guide of the rights of the immigrant

2009-10-31T09:58:00.001-07:00

The inmigación is one of the most important phenomena of the XXIst century, in particular in the Spanish case, the persons' arrival of other countries in search of work or opportunities of development they have been very important in the last 15 years.

That's why, because it is necessary to adapt to the changes and to understand the positions of the persons who come to Spain to work without understanding very well how certain things work. That's why, today, in cosaslegales, we are going to compile the principal information that a person is interested in that newly arrived person to Spain, needs to understand how the things work.

First of all, before coming to the destination country, it is necessary to investigate about the visas or permissions that to be need to be here during a period of time and to work, since it is necessary, although it depends on the fatherland, the green card.
If it is interesting to you also to know, the rights that you have residing and working in Spain, you will be interested in the following articles:

You help for the voluntary comeback
Requisites for the voluntary comeback
To obtain a green card

At present there exist many public helps that migrants favor the integration and the professional development of the persons, what it is necessary to do, it is to know how they are provided and across that official organisms become effective.

It helps for immigrants to want to take refuge in the voluntary comeback
Who can take refuge in the plan of voluntary comeback?

Budgets for 2010: taxes increase

2009-10-31T00:26:00.001-07:00

The document (in this case in electronic format pdf) of the general budgets of the State is already on the table. For it, in this blog we are going to center on the budgets for 2010: taxes increase. There is not doubt that the strong impact of the crisis has motivated this measurement adopted as the Spanish executive.

The first immediate consequence of the increase of taxes is that Spain will collect more. In particular, the collection will be 53 % major than in 2009. Also, if we attend only on the taxes, the Government has the forecast of depositing more 7′7 %, centring only on this budget sheet account.

But skylight, the taxes increase takes a fancy necessary for the Government, since one is believed that the State deposits 41.634 millions less of the due thing. On the other hand, the IRPF will increase 7′2 % motivated by the elimination of the deduction for 400 euros.

As for the increase of taxes proposed for the Budgets of the State of 2010, it is dependent on ratification for the Parliament.

Now then, the VAT is one of the points fix in the topic of the increase of taxes. Bearing in mind the strong fall of 30′7 % that the Government foresees for this year, the Executive thinks that it will manage to mend this ratio to 26′1 %. To obtain it, there will be raised the types (from 7 % to 8 % the limited type and from 16 % to 18 % the way). This is due to the fact that the Government thinks that the consumption is going to remain suspended in 2010 (0,2 % of increase). Before this, already there is the one who thinks that the inexorable union of the increase of prices with an increase of the VAT, will do that the consumption is braked in a direct way.

To justify the proposal of increase of taxes, the second vice-president of the Government and minister of Economy and Treasury Department, Helen Salgado, has spoken about the United Kingdom, where the VAT will return in 2010 to a valuation of 17′5 % (after the clipping to 15 % that was restored in 2008).

New tax for autocycles
You help for the transporters

It creates your own virtual shop

2009-10-30T15:10:00.001-07:00

Both entrepreneurs and businessmen know the Internet potential as an area and a business channel, for it, do not hesitate to create a virtual shop in order to sell his products. More and more marks throw his shops online where they offer the same products as in the places to make use of the facility of including the national and even international market.

But, what happens if you do not know how it is possible to create your own virtual shop. What is there to do?

A virtual shop is basically a program that allows you to sell products and services across Internet. Several options exist: if you have a technical team and money to invest initially can buy to itself the program, this form allows you to have the control on any aspect that it is interesting to you to change; also you can rent the program, this method stores all the information of your business in the servant of the company; also, there exist pages as for example MasOpciones that allows to create a free virtual shop.

On the other hand, it is necessary to know that there exists multitude of forms of payment online and off-line: counterrefund, bank transfer, bank direct debiting, I charge in shop, turn, Paypal or credit card, between others.

The most important thing is to study the market and to have an idea. It is necessary to look for a viable managerial stripe as business and that in turn is useful for the consumer. To achieve that it is successful it is advisable creatively and to surround itself with good providers. To the beginning, it is necessary to be patient, to concentrate in selling, planning the business stages, as well as being employed at the position.

There exist other aspects to bear in mind. It is necessary to discharge the commercial activity and to be discharged like autonomous. For it it is necessary to refill different documents and to deliver them in the tax office that corresponds to the area of each one. For major serviceability, it is possible to call to the phone 901 33 55 33, where they offer information on this matter. Also, it is necessary to discharge in the Social security and to carry out the declaration of the tax I.V.A.

Not related posts.

To sublet a housing

2009-10-30T05:34:00.001-07:00

The subletting takes place when a tenant rents part of the house to other persons. Is it a question of a legal practice? The current Law of Urban Leases prohibits the entire subletting of the rented housing, but a tenant, can sublet part of his housing to a third one. Although it always needs that the owner has given his express assent and in writing. Also, the price will not be able to exceed the cost of the one that corresponds to the revenue of the same building.

In this sense, the proprietor must take a series of precautions as for example to identify the person, the permanence of the sublet ones, to know the price, as well as the duration.

The sublessee can use this part of the housing to live in her. Thus the contract would be ruled by the same legal norms that regulate the normal contract of lease of the housing. Although also it can destine it to other purposes. In this assumption, the contract will be ruled by what the different parts match.

The extinction of the contract of lease supposes the extinction of the contract of subletting. As for the duration, the right of the sublessee will end with every subrented one and whenever the tenant wants to subrent the house will have to ask again for permission the owner.

On the other hand, if in the contract it is specified that this type of agreement is prohibited and, in spite of it, the tenant was renting to third, the owner has right to finish the contract. Nevertheless, this practice is very difficult to detect. It takes place, especially, in the big cities, in which the price of the rents is higher.

For all this, to avoid understood villains it is better to support a good communication with the owner and if one tries to hire a room of the apartment that we rent, it is always better to do the things as the law.

Insurances of the hearth, it protects your housing
New housing: all the roles in rule before beginning to live in her.
Housings lease across the Public Society of Rent

To marry before 18 years

2009-10-29T20:05:00.001-07:00

In Spain, the minor age persons cannot marry. To contract it legally validly it is necessary that both brides have more than 18 years. In any case, there exist some situations in which of exceptional form, a marriage can be celebrated between age minors.

The emancipated minors can marry. The emancipation is a juridical situation by virtue of which major than 16 and 18-year-old minor he can have his person and his goods as if it was major than age. If the spouse is major than age, it will be enough that both consent. If the two are minor, they will need the assent of the parents or healers.

Also those minors will be able from 14 years who obtain a judicial exemption, as it is reflected in the article 48 of the Civil Code. “The coroner will be able to excuse, with just cause and at the request of part, the age impediments from fourteen years. In the records of exemption of age there will have to be heard the minor and his father or tutors”.

This way, the age minors, to marry, need the express assent of his parents. Nevertheless, the discrepancy between the parents is equivalent to the approval. If it is missing of one of the parents or for total disability or removal from office of the exercise of the custody, there is enough the assent of other. If these cases take place in two parents, they will be the grandparents and the grandmothers what they have to withstand.

If they could not either, he will be the juvenile court magistrate the one that grants or denies the license. The same attribution corresponds to the juvenile court magistrate, with regard to foundlings or godforsaken minors or who are under special jurisdiction. The extramarital children only need the assent of the father or, in his case, of the father's parents, when that one had recognized them voluntarily. The same rule is applied to the mother and the grandparents in maternal line.

How to obtain the emancipation
Marriage contracts: how to regulate the economic diet in the marriage
Rights of the civil marriage