Juli Ponce Solé

Bio: Juli Ponce Solé is an academic researcher from University of Barcelona. The author has contributed to research in topics: Common law & Globalization. The author has an hindex of 5, co-authored 19 publications receiving 84 citations.

La enseñanza del Derecho Romano a través de problemas

Abstract: The purpose of the present document is to announce and share the experience of the work of the Juridical Clinic for the Protection of the Infancy and the Adolescence of the Law Faculty of the University of Barcelona; the aims and the methodology of work. In the frame of the Juridical Clinic, the students, of the last course of the Degree of Law, develop practices in a professional environment in order to acquire the competitions that they qualify for the exercise of the professions juridical; but not only that, the particular aim of our Clinic is to compromise the students with the defense of the people’s rights and the most vulnerable groups of our company. To such effect, we articulate a participative, collaborative work and in network between the own students, the teachers or academic tutors and the attorneys of the entities who take part in the Clinic. Between all, we unite efforts to advance in the study, the investigation and the defense of the rights of the children and the most vulnerable teenagers or in situation of social exclusion.

EU Law, Global Law and the Right to Good Administration

Abstract: This chapter shows how the case law of the Supreme Court of the United States, the case law of the Court of Justice and the General Court of the European Union, some decisions of national courts (using the Spanish example) and the control exercised by certain international bodies, such as the World Trade Organization Appellate Body, are gradually deploying an intense control on procedural defects and bad motivation, thus satisfying the control of good administration and contributing, albeit indirectly, to its consolidation. In this sense, although indirect and limited, judicial review of administrative action is an instrument contributing to the quality of the administration by protecting the right to good administration. The work emphasizes that the emergence of various procedural legal principles and obligations related to the emergence of a right to good administration seems to be a feature of the judicial globalization process.

Composite administrative procedures in the European Union

Abstract: The fashion in which the European Union pursues its objectives has varied enormously over time. In all fronts but, in particular, as a public administration that implements the policies of the Union. Currently, the European Union’s executive action is not as it was originally designed to be. The model of executive federalism, where the Union takes decisions in the fields where it is competent and Member States implement them, was valid for the old Communities and still perceivable in the Treaties and in the rulings of the Court of Justice. Today it is often more of a legal fiction than a reality.

The synergy between employment policies and cooperatives with regard to new forms of work. An overview based on Spanish constitutional law

Abstract: This text explains how active employment policies and cooperatives are perfectly suited to fulfil the mandates outlined in the 1978 Spanish Constitution in relation to the promotion of cooperatives (Article 129.2), and to policies oriented towards full employment (Article 40.1), which fall under the overall protection of social rights. After analysing the provisions contained in these two articles, details are provided as to how the economic crisis and the strict balanced budget policies that ensued have also weakened the constitutional protection of social rights, with the adoption of regressive measures whose compatibility with the Constitution has been accepted by the Spanish Constitutional Court (despite divided opinions among the Court’s members). Finally, an analysis is conducted of the options available within the Spanish legal system to protect and encourage cooperative societies. It is then argued that cooperatives can be a very useful instrument to create employment, even within the most innovative and dynamic sectors of the economy. These sectors include, for example, the collaborative economy (which includes the digital economy), the ‘white economy’, the ‘green economy’ and the ‘circular economy’. Received : 01 October 2018 Accepted : 07 March 2019 Published online : 22 July 2019

Good Administration and Administrative Procedures

Abstract: This article examines the relationship between administrative procedures, the duty of giving reasons, and the citizens’ participation in relation to the quality of the administrative behavior. I will take into account some national experiences and will reflect about some crucial issues connected with fundamental rights and administrative procedures in the European Union (EU). The U.S. model will also be considered. This study focuses on adjudicative procedures. I will not analyze rulemaking procedures, but a number of brief considerations about them will be included in the final part. The three fundamental questions are: