‘I prefer not to know’: Spain’s management of transnational adoption demand and signs of corruption

The safeguards and measures to prevent child trafficking mentioned in the 1993 Hague Convention on Intercountry Adoption have proven insufficient in curbing the so-called irregular adoptions. An analysis of how Spanish central authorities and intermediary agencies managed the flow of adoption dossiers between 2003 and 2013 presents their inability to react swiftly to the imbalance between adoption demand and supply. The 2015 reforms in the Spanish law introduced measures to bring demand in line with real needs. However, imaginaries that portray adopters and children from the Global South as victims of meaningless bureaucracy continue to hold true even today.

Artificial Intelligence Risks and Challenges in the Spanish Public Administration: An Exploratory Analysis through Expert Judgements

The expanding use of artificial intelligence (AI) in public administration is generating numerous opportunities for governments. Current Spanish regulations have established electronic administration and support the expansion and implementation of this new technology, but they may not be adapted to the legal needs caused by AI. Consequently, this research aims to identify the risks associated with AI uses in Spanish public administration and if the legal mechanisms can solve them. We answer these questions by employing a qualitative research approach, conducting semi-structured interviews with several experts in the matter. Despite the benefits that this technology may involve, throughout this research we can confirm that the use of artificial intelligence can generate several problems such as opacity, legal uncertainty, biases, or breaches of personal data protection. The mechanisms already provided by Spanish law are not enough to avoid these risks as they have not been designed to face the use of artificial intelligence in public administration. In addition, a homogeneous legal definition of AI needs to be established.

The Wolf-Pack Case and the Reform of Sex Crimes in Spain

The controversial trial of five men accused of gang-raping a young woman during the 2016 San Fermín festival and their conviction not for rape, but for a lesser crime of sexual abuse in 2018, known as La Manada (the Wolf-Pack) case, brought the Spanish law under intense public scrutiny. The case led to an outpouring of protests across the country and called for the urgent reform of rape laws, which then led to the drafting of new provisions to address the outcry. To set the analysis in the context of feminist activism, this Article is organized around the hashtags used during the protests. Accordingly, this Article examines three aspects of considerable debate: Namely the distinction between sexual abuse and rape (“it’s not abuse, it’s rape!”), the murky legal understanding of consent (“only yes is yes”), and the introduction of the gender perspective in the legal system (“sister, I believe you”). By addressing these issues, this Article demonstrates the pervasive influence of feminism over recent Spanish law-making, and the continued resistance which such efforts meet. This Article concludes by scrutinizing this effect and examining the conditions under which a civil society network may succeed in challenging socially outdated legal provisions.

Spanish regulation of euthanasia and physician-assisted suicide

In March 2021, the Spanish Congress approved the law regulating euthanasia, that regulates both euthanasia and physician-assisted suicide (PAS). In this article, we analyse the Spanish law regulating euthanasia and PAS, comparing it with the rest of the European laws on euthanasia and PAS (Netherlands, Belgium and Luxembourg). Identified strengths of the Spanish law, with respect to other norms, are that it is a law with many safeguards, which broadly recognises professionals’ right to conscientious objection and the specification that it makes on the prior comprehensive care of the patient, including the approach to care dependency. Regarding its shortcomings, the law does not differentiate well between euthanasia and PAS; it barely assigns a role to the healthcare team as a whole (similar to other regulations); it does not clarify the functions of the different professionals involved; it does not detail the specific composition and duration of theevaluation commission; it has not been accompanied by a prior or simultaneous regulation of palliative care; and, lastly, the period of time to implement the law is too short.

P–614 BMI effects on oocyte quality in an egg donation program and the relationship with its first stimulation cycle

Study question Does body mass index (BMI) affect oocyte quality in an egg donation program and its relationship with the first stimulation cycle? Summary answer Our results indicated significant differences within BMI groups obtaining better results in donors <25 years old in quantity/quality oocyte than > 25 with normal weight. What is known already Low weight (LW) and excess weight represent a risk factor for different pathologies and may have a negative effect on the quality of the ovarian response in infertility treatments. Study design, size, duration Observational retrospective study at IVI Alicante, in which first donor cycles between 01/01/2015 and 04/30/2020 were analyzed. 307 donors were included. Groups were divided according to the BMI following the WHO criteria and were subdivided according to the protocol used (antagonists / progestogens, age, previous pregnancy and polycystic ovary syndrome (PCOS)). In all cases, the number of total, MII and immature oocytes, doses of FSH and days of stimulation were observed. Participants/materials, setting, methods Donors between 18–35 years old, in their first stimulation cycle, were distributed according to their BMI, following the WHO criteria in kg / m2 (Low weight (LW): <18, 5, Normal weight (NW): 18.5–24.9, Overweight (OW) 25–29.9 and Obese (O): ≥30). Inclusion criteria: Good state of psychophysical health and normal tests according to Spanish law on ART . Statistical analysis was performed with R statistical software, version 4.0, linear and establishing significant differences when p < 0.05. Main results and the role of chance Taking into account the general results of the BMI groups by oocytes number and MII: LW: 19.2 / 14.9; NW: 20.2 / 15.6; OW: 18.9 / 14.6, p = 0.513 / p = 0.74 respectively, we observe that with BMI groups and progestin stimulation protocols, results are reversed: No. oocytes and MII with LW: 30 / 22.5; NW: 19.2 / 14.4, OW: 20.8 / 14.8 p = 0.402 / 0.662 respectively. LW and OW are conditions which affect more in quantity than oocyte quality. Significant differences in BMI are observed when they are subdivided according to age, obtaining better results in donors <25 years of age both in quantity and oocyte quality than> 25 years: Total oocytes: LW: 22.6, NW: 21.7, OW: 20 vs LW: 14.2, NW: 17.6, SP: 16.3, p = 0.01, respectively; No. of MII oocytes LW: 17.8, NW: 16.6, OW: 14.9 vs LW: 10.5, NW: 13.9 OW: 13.8, p = 0.003, respectively. Our results reflect that the NW group is the one with better results obtained compared to the LW and OW groups both in overall number of oocytes and also in quality. The type of stimulation does not affect this group of donors. Limitations, reasons for caution More studies with clear criteria and a uniform record of results are needed. Meanwhile, the proper shortlisting should be considered if it is a BMI of NW (18.5–24.9 kg / m2) and less than 25 years. Wider implications of the findings: Analyzing other studies, there are disagreements in terms of discrimination of BMI groups and with incomplete data about of quantity, oocyte quality and oocyte stimulation, offering different results with the same parameters establishing trends in the NW group. Trial registration number Not applicable

P–018 Observational study on the behaviour of the seminal sample in donors: seasonal variation according to parameters

Study question What is causing the decline in semen quality worldwide? Summary answer Our results indicated significant differences, finding a decrease in sperm concentration/mobility in summer compared to the other seasons, with greater differences being observed in spring. What is known already Infertility is an increasing global problem and it is estimated that approximately 15 to 20% of all couples experience it at some point in their reproductive life. Among all causes, the male factor is becoming increasingly important as seminal quality is steadily declining globally. Knowing that the spermatogenesis process is very sensible to temperature fluctuations we could focus on the ambient temperature as one of the causes. Study design, size, duration Taking into account that donors are selected for having an optimal seminal quality, a retrospective study (January 2006 /February 2020) was proposed at IVI Alicante from 160 seminal samples to determine whether environment actually affects spermatogenesis and semen quality. It was evaluated whether there is variation in donors in mobility/volume / concentration depending on the season and quarter of the year in which the sample was obtained; and relation to the age of the donor. Participants/materials, setting, methods The inclusion criteria were sperm donors between 18 and 35 years old, anonymously, with good physical health, full capacity to act, and with seminal samples with characteristics to survive sperm thawing, complying with the requirements according to Spanish law on ART 2006. Exclusion criteria were based mainly on poor sperm survival after thawing. The statistical analysis was performed with the R statistical software, version 4.0, linear and multiple regression, establishing significant differences when p < 0.05. Main results and the role of chance The results indicated significant differences, finding in summer a decrease in concentration and sperm motility (p < 0.05) compared to autumn and winter and obtaining the best quality in spring. The concentration and mobility decrease from 63.4 million sperm / ml and 49.6% in spring to 44.4 million (p = 0.009) and 39.9% mobility in summer (p = 0.0075). We found the same results comparing them by quarters, having 62.7 million / ml and 49.3% between April-June, up to 44.9 million (p = 0.003) and 39.3% mobility between July-September (p = 0.03), showing that July and September there is a decrease in both concentration and mobility. This association has not been significantly affected by age. Thus, we conclude that high temperatures affect seminal concentration and mobility. Limitations, reasons for caution More studies can be done to increase the number of donors and confirm our findings. Wider implications of the findings: According to other studies, carried out in Denmark, Israel and China, with different latitudes and temperature-humidity, the same trend has been observed in sperm quality, decreasing the quality in summer and being optimal in spring-winter, so the temperature could be a variable to take into account when studying semen. Trial registration number Not applicable for non clinical-trials

The Disruptive Regularisation Mechanism in the Spanish Law that Challenges the Reform of the Common European Asylum System

The debate regarding the extent of EU Member States competences in immigrant integration policies was paused with the Treaty of Lisbon. European institutions took an active role in integration but did not mandate a communal approach. Consequently, each Member State instigated its own policies, which led to a wide diversity of regulations. The policy adopted by Spain stands out because of its particular approach to integration policies, which in this case are applicable to regular and irregular immigrants. A remarkable feature of the migration law in Spain is that it contains a regularisation mechanism for irregular immigrants that does not require them to have a visa in order to obtain the status of temporary residency. This mechanism is known as arraigo social (social ties). In these cases, access to regularity depends on the level of social integration that the immigrant can prove to have achieved. This article analyses the statistics on the use of this mechanism in Spain and discusses whether it could offer a path to asylum seekers looking for an official response after several years of waiting in the EU.

Money Laundering and Tax Crimes in Spain: Doctrine and Jurisprudence

As regulated in Spanish law, money laundering requires a prior illicit activity that has generated the assets that are the subject of laundering. One of the subjects that has been deeply discussed in recent years by certain doctrinal sectors, even with support in various jurisprudential rulings, has been the suitability of crimes against the Public Treasury, especially tax fraud, as the prior offence underlying money laundering. Thus, it has been debated whether the tax offender carrying out one of the activities typified in the Criminal Code (acquiring, possessing, using, converting or transmitting assets) automatically commits a type of money laundering. In that case, it would become an automatic and inevitable consequence of the tax crime itself. If, on the contrary, some other component must be required (essentially through the subjective elements of the unjust) to determine the existence of a second crime, that of money laundering, the prohibition of non-bis in idem confronts us, to a greater or lesser extent. Furthermore, doctrinal approaches and some judgements of the Spanish highest courts have generated a reinterpretation of the criminal law that fits badly with the principles of criminality. Nor is it easy to delineate the assets that are the object of the tax offence that may be subject to laundering, since, by definition, they are assets that were originally in possession of the offending subject and, besides, they are pecuniary obligations. To that extent, the presumption of innocence could, in many cases, determine the exoneration of the suspect.

The Relationship between Building Agents in the Context of Integrated Project Management: A Prospective Analysis

The increasing complexity of building projects, with high quality standards, integrated technologies and strong management restrictions, demands the intervention of numerous and diverse specialists. This requires an intense leadership, organization and coordination effort. However, building regulations, such as the Spanish Law on Building Management (LOE) 38/1999, only formally consider developers, project designers, project and work supervisors, quality control entities, construction companies, owners and final users as building agents. However, these categories are insufficient to represent the interests of all the stakeholders. The purpose of this paper is to carry out an analysis of the agents that are currently part of the entire building process. If their relationship of influence and dependence, as well as their alignment with the overall objectives of the project are studied, potential convergences, divergences, agreements and disagreements can be established. To do this, the authors conducted a prospective analysis through the MACTOR (Matrix of Alliances and Conflicts: Tactics, Objectives and Recommendations) strategic planning simulation tool, for which the rules of the Delphi technique were applied and a consultation with technical experts, both professionals and academics, was held. The research provides insight to assess the power relationships between the building agents, as well as to measure the alignment of objectives with their interests. Results show that, in the context of integrated project management (IPM), the influence of technical agents is reduced by limiting their functions to those marked by their regulatory framework, allowing them to focus on their legal powers, and the room for manoeuvre of the professional agents, who are subject to systematized monitoring and control, is also reduced. The prospective analysis also highlights the importance of defining the scope from its early stages, as well as the need to reach multilateral agreements based on the other two main constraints: time and cost.