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Bad Times for legal rigor

Bad Times for legal rigor

"Now would be a municipal police who, with his record or official report, find whether a behavior has changed the life of society "

knew that Recently, the law suffered certain disorders of behavior, which extended its tentacles cautious but relentless, shy at times, so many spiteful and biased. We knew that the charge is spread under criteria that are somewhat uncertain, and even invading grazing areas outside. We knew that the law could not stay mad at her ideal for long and we knew that the right must reinvent itself in a hypercomplex world in which it is increasingly labyrinthine apply those classical liberal principles (liberty, equality and so on), tossed in the middle of confused and entangled realities: genetics, computing, innovation, communications, technology, migration, global economies ... The world is becoming more complex, more incomprehensible, more difficult to be told. Already knew. We also knew that in this dynamic, but often guided by shadowy interests, the right would have to reproduce exponentially in response to many new situations. or maybe not.

Maybe not legal because the new device is now fashionable in the city. Civility ordinance, as presented in an early television ad, to tackle once and for all those glitches hedge the rule of law so much bother.

Because

naive liberal legal projection was originally thought to be one of those modern metanarratives able to contain everything from certain "self-evident truths." Was evident that could not be so, so that the right should extend to areas and unexpected situations, each time adjusting to the demands of a changing reality. Until now.

civic ordinances reverse this trend and are proposed as a new type of legal narrative does not fail, because not even try, to try to represent reality with pointillism and parsimony, and civic ordinance is not is report from the reality, but, above all, the pre-formed, reducing the complexity of "peaceful coexistence" with a coral tragicomedy berlanguiana beggars, bicycle, pet owners, paste-posters, street vendors and other potential infringer arbitrary configurations . All the jail!.

For while the law has developed from an original constitutional provision, under judicious jurisprudential and doctrinal requirements that required adjustment with the social-and-no small opacities, now breaks civic ordinance as a method Conversely, as a way of reducing the complexity displayed in the previous law as way to return to performative statements, constituents, who, taking off from previous ideas, tell the untold metropolitan reality in just a few dozen articles. Nothing less. Legal Technology novel that, through grotesque competence ratings (must be attentive to the resources and discrediting that occurring at this legal device), more uncertainty implies that these other populist draft is intended to resolve:

And is that now be a policeman who, with his record or official report, find whether a behavior has changed the life of society, has caused discomfort or have been disrespectful because people (which, incidentally, is an issue for the police). Many parliamentary debates, legislation, regulatory developments and legal disputes would have saved the world if civic ordinances had been invented two hundred years ago! Because the liberal modern law has basically consisted in searching what behaviors should be censured in a general framework of freedoms. And it is insisted the diatribes of legislators, judges, lawyers, prosecutors and academics. It was clear contexts that give meaning to the factual circumstances, to restore scope and interest, to avoid split hairs with thick strokes. It was ultimately to avoid taxes and aristocracies.

But it seems that the old man has arrived right on time. Basically because this type of legal technique forwards the complexity of living together "in that sentence to be social burden on humans-a finding of immediate bureaucratic" hassle "or as" uncivil "(just as is found a traffic violation), and collect some legal literature already present in other ordinances, laws and codes, such as giving the rules package. And in a world of appearances, packing orders. And if the city promises a clean, quiet and idyllic-as an ad- mortgage is right and what it takes.

Bad Times for legal rigor. Good for those who no longer need.

http://www.larioja.com/v/20101126/opinion/malos-tiempos-para-rigor-20101126.html

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The Supreme Sevilla supports the ordinance that allows the bike to use pedestrian

The Supreme Sevilla supports the ordinance that allows to use pedestrian bike

http://www.elpais.com/articulo/espana/Supremo/avala/ordenanza/Sevilla/permite/bicis/usar/zonas/peatonales/elpepuespand/20101122elpepunac_23/Tes

The Court Supreme said Ordinance according to law Pedestrian Circulation Cyclists from Sevilla and allowing bicycles and pedestrian travel on closer, considering the appeal against the decision of the Consistory of TSJA which overturned several items related to it.

The Fourth Section of the Division of Administrative Litigation of the TS has annulled the sentence end 2008 of the Chamber of the Superior Court of Justice of Andalusia (TSJA), which partially upheld the appeal of a company and declared void four complete articles of the ordinance, part of two and paragraph of the annex that defines the pathways for cyclists signalized pedestrian areas.

In its ruling, which had access Efe, the Supreme Court stated that "the sentence should marry contested and state law set to" the agreement of the municipal plenary Sevilla on 21 September 2007 approved this ordinance.

To do this, understand that the provisions invalidated by the TSJA not violate the Traffic Act or the Rules of the road.

TSJA annulled

The articles and the Annex on "signposted cycle routes in pedestrian areas "to let riders," always respecting the priority "of pedestrian travel on pedestrian zones and transit areas shared" between them and bikes; circular counterclockwise exceptionally, and that may tie them to trees or street furniture elements.

In the latter case, the Seville city ordinance permits when there is no specific parking for bicycles at a radius of 50 meters or all seats are occupied, and "provided that this does not endanger the health of the tree, not preventing it is visible "or" obstruct vehicular traffic or pedestrians. "

Given the grounds of appeal which alleged the City Council concerning the characteristics of local ordinances with respect to the other rules of a regulatory nature, and their powers and local autonomy recognized concerning traffic management, the TS shares the view expressed at the failure TSJA that municipal competition depends on the Traffic Act and its regulations.

However, to cancel several articles of the ordinance and part of its annex on "signposted cycle routes in pedestrian zones" on the grounds that they "contradict" the definition of pedestrian area which includes the law, the Supreme Court argues that the sentence TSJA of the premise for "erroneous."

Thus, the TS says that "this provision" adopted "in response to the changes that have occurred in the city in terms of mobility with the implementation of bicycle lanes" and "had the intended to prevent possible tensions that may arise between users of the bike lanes and pedestrians, thus delimiting the rights and obligations of both. "

Considers that, in this way," the narrow lateral space or part of the sidewalks that were previously the exclusive use of pedestrians, so they can travel on a new bicycle corridor is not violated with this definition the pedestrian area.

The Supreme Court added that "although (the pedestrian) may be a bit small, mode any means they must share the passage of pedestrians and cyclists, and that this is set out in Articles canceled a specific area for the bicycle lane, which therefore necessarily longer pedestrian.

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civic ordinances Teatrillo on raw meat (RNE3): Public Event

Click on the link to listen to the audio:

http://www.goear.com/listen/9527332/ordenanza-civica-carne-cruda

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Act for the promotion and vindication of public space as a place of coexistence and citizen participation . Saturday 27 17h-22h in the Plaza del Mercado.

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The common thread between Mary Teresa Hernandez and Concepcion Arribas Pilar Salarrullana bypassing.

The newly adopted Ordinance

promoting peaceful coexistence had originally drafted a longer name: municipal ordinance to promote peaceful coexistence of social behavior and the protection of public spaces . It's funny, but have left all that does not respond to its content. Thus the first block adjectives that qualify are the following:

Liar, hypocritical and false.

When you see before you an ordinance entitled and think will delve into that concept as noble and republican citizenship

, training and consolidation of the same, the mechanisms for citizen participation and involvement in public affairs, and co-responsibility for services, promotion of associations ... you think you'll find a positive and exciting standard. But spend the first page and disappointments you fast, since the preamble will make clear that: "The purpose of this ordinance is to preserve the public space as a place of coexistence and citizenship [...] is the decision of the City minor and delete antisocial acts of our city and to this end is a need for a legislative text. " Who should bother looking and, if necessary, sanction him. Few would dispute (more on that later), but the fact is that this is not what the title says it is this ordinance. Reduce the life of society to a comprehensive catalog and detailed performance is prohibited too express disdain the very concept of coexistence.

Franco, paternalistic and boorish.

If giving any hint as to measure "development", we know that you have to do is do things forbidden and what is the amount of the fine that we make to "preserve public space", then regulate those activities that most field erode the status of living we want to give the public space. And there is little doubt. Two phenomena are more aggressive in this regard: commercial advertising and traffic.

bus shelters, buses themselves, newsstands, telephone booths, commercial billboards, the staves of time and temperature, the staffs of batteries and new staffs that yes, big and ugly as they alone. The agora, the forum, the area of \u200b\u200bthe city where the private leaves room for the public, lies the soul of the city itself, we have moved directly to the supermarket, and we brought it to the hall of our own portal. The street no longer seems to be a space to promote coexistence, but to promote consumerism, is like a magazine of the Media Mark, but big.

And what about the traffic. Noise, danger, smoke, stress ... The only reference to it that makes the ordinance is art.13.5: "Cyclists should take a civics as it flows through the town ..." It is recochineo!, As if the bikes were More vehicles disturb the living, as if cyclists were the only ones who must assume incivility.

The truth is that the ordinance has some real gems too numerous to detail. I would only have, 50's repertoire: Article 6c) "A person shall not perform particularly abusive, arbitrary or discriminatory or involving physical or moral coercion, psychological or otherwise" (sic). Article 6.d) "is a basic duty of peaceful coexistence treated with respect, care and special consideration to those who, by their personal, social or otherwise, have the greatest need" (Sic). You really need to tell us from a city ordinance should not be hitting people on the street and to be treated with consideration for the elderly? Because if we are, we are. And then you have to specify also from the ordinance which is the due consideration and under what circumstances, otherwise open a world of arbitrariness in the conduct of law enforcement officers.

Not to mention the requirement of express authorization for any association put an information table on the street, that smacks too much of the censorship expressly prohibited under Article 20 of our Constitution.

Although I like most is this: Section 13.2: "It shall be prohibited in public [...] of activities (that) threatens the safety of people [...]. This prohibition shall not apply in cases where permission has been obtained. " (I swear, I read it).

unnecessary, stupid and tortuous.

yes we said before, we must avoid that annoying and disturbing, if necessary, punish. Of course. Approval in plenary Councillor stressed that, in so far this year, both environmental and educators local police had opened 583 files for improper conduct of citizens. I think it's important that we stay with this data. Obviously explain that in a state of law can not punish anything that is not established. That is, if you have opened these files is, precisely and inexorably, that the legislation which allows them to be opened already exists. There

have ordinances Cleaning (2001: 107 articles), Animals (2002: 25 articles and 3 provisions), Green Spaces (2003: 13 articles, 1 and 3 annexes available), Advertising (2006: 23 items and 5 rules), Noise (2009: 52 articles 8 provisions and 2 annexes) or by the General Plan, under review. No citizen behavior seems to be lacking in regulation, anyone could think that peeing in the street, broken streetlights or annoy you with noise was not already banned? The new ordinance is in conflict with all previous absolutely, very different forms typifying the conduct and fined widely.

Fortunately, the Popular Party has noticed and made some sense in all this by adding a transitional provision which states: "shall be deemed repealed few determinations were established in other municipal ordinances that are dissatisfied with this Ordinance. In what is not contradictory, other municipal ordinances apply in a supplementary. " Okay, perfect, would have all the sense if it were not in the same text, two lines before the additional provision reads: "This Ordinance shall supplementary nature of such other municipal ordinances regulating the matter more specific. So the Ordinance says they are an extra from the others and that others are also hers. The "suppletory" from "supletorizado" is something that not even Groucho had repaired. For although the ordinance does not read the PP has bundled brown.

Ending already, we can not say that this text with claims of "civic ordinance" is not even one of those nineteenth-century ordinances "police and good government." Its etymology is the same: the civitas, city, citizenship, civilization ... of the Romans, or the polis, politics, the Greek Police (police understood the term in its most amiable of being in state police, magazine , tidy, presentable ...). Those of Logroño in 1876 and 1900 are two texts of tremendous value to dive in the history of this city and the lifestyle of its inhabitants. Adjusted from the hours of men and women bathing in the Ebro to the prohibition against law enforcement officers removed the mask to a person during Carnival.

said, I repeat, in plenary council, which had opened 583 files for uncivil behavior. Given the enormous diversity of punishable actions: starting a flower, not picking up the dog poop, to high volume of radio, throwing papers ... actually 583 cases opened this year in a city of 153,000 inhabitants is a real trifle, a trifle, something that speaks much good sense and citizens in general, and, above all, unnecessary what is this new ordinance (compare, for example, with tens of thousands of traffic fines and more than two thousand accidents).

These days we have witnessed the interesting talks on the Inquisition and the witch trial held in Logroño Zugarramurdi four hundred years ago. The members of that tribunal would be delighted to see that the inquisitorial spirit is still alive on this earth and that is not only to Vara de Rey, 3. The speakers at this conference have emphasized the moral obligation to investigate those events and have placed particular emphasis on the overwhelming conclusion, demolishing, timeless reached by Alonso de Salazar (the "lawyer of the Witches") after, the process is complete, two thousand interviews in the north of Navarre: "no witches nor bewitched until they started talking about them."

Carlos Álvarez González

http://www.larioja.com/v/20101118/opinion/entre-hernandez-arribas-pasar- 20101118.html

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Letters to the editor published in the newspaper La Rioja

Del House and the Civic Order

http://www.larioja.com/v/20101109/opinion/pleno-ordenanza-civica-20101109.html

Editor: On the civic ordinance unanimously approved by the full City Council, I would claim Concha Arribas:

Concha Querida, no one is hiding behind 'organizations'. We simply organized. However, I stand: I'm Isabel Cano and, like you, I am teaching. But just as a teacher, I find it untenable to say, as I heard, that the ordinance, based on prohibitions and sanctions, is an educational measure and for freedom.

exhibit in particular case concerns me most as part of that society, without being in any political party, makes social policy.

I am concerned that from now on we are required to take another step, and none other than police officers, for putting up posters in favor, for example, public education, or a chat. And besides, where are we going to hit if the ordinance 'protect' the public and private property visible from the street? Who protects my freedom to put a banner of 'No War' or the flag of the world? Do you have a policeman who approve of the message?

also have to ask permission to collect signatures for the dead worker who wanted to pass by a thief and how it is judged whether or not I am obstructing the public highway. We

organizations humble, very humble. Well you know. Is our claim? Create critically important issues. Also that you have knowledge, but with my 44 years that we have to hear a few "young quaint." Concha unwanted, are people looking for a civic participatory and just society, no need to control us because we do not do anything wrong. On the contrary.

Is our sin? Can only be independence and paste 50 DIN-A3 black and white from time to time by the city to try to reach people, and collecting signatures.

And you say: There are other ways to communicate with the public and claiming things. But I ask: What? Bowling disappeared and the media rarely give us voice. So. What do they want the ordinance? "Silence us? No?. Check at least.

So where you see civility, I can not help but see no freedom.

Honestly, if you are not able to change the ordinance forcefully on issues of freedom of expression and the criminalization of begging without more, to me is proof that you follow the maximum of politicking that "in the country of the telos, the score cut gives freedom." If this is your bet, I propose a step further: what about anti-terrorism law enforcement who threatens the civility with a "private lessons are given" on the streetlights?

With hope and concern:

Ordinance peaceful coexistence: the shadows

http://www.larioja.com/v/20101114/opinion/ordenanza-convivencia-ciudadana-sombras-20101114.html

The ordinance called for the Promotion of Peaceful Coexistence, adopted by the city of Logroño, contains a number of issues, at least, disturbing:

First of all this legislation attempts to settle, forcing its invisibility to those organizations whose initiatives often do not have space in the official media and from now will depend on the "goodwill" of the officer on duty was be good enough to "grant the right" to be putting up posters, distributing leaflets, or install information stands in the streets. Those who have dared to do any of these activities without the required permit, either because the event upon which they wish to inform requires a certain speed which prevents the corresponding application, either because the municipality refuses or simply does not want to answer on the request is risk a abultadas multas.

La pregunta es: ¿será esta normativa de obligado cumplimiento para todos y todas, incluyendo teatros, comercios, sociedades deportivas, o los propios partidos políticos que la han aprobado o, por el contrario, las consecuencias del incumplimiento recaerán, cómo decirlo, a determinadas organizaciones, de una manera más «selectiva»?

Por otro lado, bien harían las Asociaciones de Vecinos que ahora aplauden esta ordenanza en reflexionar lo que puede pudiera pasarles cuando alguna de sus legítimas reivindicaciones no encuentren eco en las autoridades municipales y pretendan movilizar al vecindario con materiales informativos.

En segundo lugar, is deplorable treatment of begging. It is interesting to see how those implementing economic measures to bring unemployment, evictions, poverty or hunger directly strata increasingly large in our society now punishes precisely those same "collateral damage" of their policies. In short, its economic measures hit, their social programs demonstrate their uselessness, but applies a strong hand to his victims as beggars or people trying to make a living with maximum instability. What is the supposed "humanitarian voice" of the City Council and councilor of Social Rights, Pilar Criado, concerned in the same ordinance who destroys a lamppost or a tree, and who is forced to sleep on the street? Rhetorical question, because Ms. Criado also voted for the ordinance.

Finally, the ordinance provides for the possibility of replacing the fines for "jobs for the community." This is already intolerable. Jobs are replaced by free labor, and thus profit from private companies subcontracted by the city of Logroño, some of which has, incidentally, convictions for violating workers' rights. Hopefully

can impose some sanity and remove such aberrations. Time there.

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A Student Movement Building from the ground and on all fronts!

Open publication - Free publishing - anything

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RELEASE. Participation in plenary

Http://www.larioja.com/v/20101105/rioja-logrono/haya-orden-ciudad-20101105.html

http://www.rioja2.com/n-71733-3-verde_ordenanza_civica_subida_impuestos_tasas_Logrono
http://integracion-rediseno.elcorreodigital.com/alava/v/20101105/rioja/ordenanza-convivencia-marcha-20101109.html
Civic Si, but against the ordinance

The Platform 'Cívicxs against the ordinance "would draw attention

local political groups for the forthcoming municipal full
day 4, which will consider Civic approval of the Ordinance.
This Thursday, be subject to approval by the municipal plenary session called 'Civic
Ordinance. " For this reason, the Platform 'Cívicxs against the Ordinance', formed as a result of
was made public the first draft, wants to express its disagreement with

unnecessary and inappropriate text, which set out to improve the living to blow
rules, and appeals to the responsibility of the political representatives not to allow
approval.
The thirty or social organizations, unions and policies that make this
logroñesas Platform distrust of the current cult of civic ordinance, with more pain than glory,
(http://www.elpais.com/articulo/sociedad/Prohibido/gritar/hora/siesta/elpepisoc/20101026elpepisoc_1/Tes) runs our state
(Barcelona, \u200b\u200bGranada, Seville, Lugo, Oviedo, Pamplona, \u200b\u200bBilbao ...).
for the platform, this ordinance constitutes an unnecessary hindrance
fundamental rights such as freedom of expression or the right to demonstrate and strengthen the communication problems and coexistence
to transfer police
responsibilities of each person. It's the police who will decide the character 'civic' or 'uncivil' of
many everyday situations, according to a legal framework that generates considerable legal uncertainty. This excess
policy, space and public roads are no longer places for living
, exchange, intercultural and creativity.
citizens are thus reduced to mere automatons, devoid of critical and creative capacity of
commitment to the environment or ability to resolve conflicts and communicate in a more satisfactory
and creative.
So when you need it most, the city loses potential to reinvent itself.