Estimation of Life Expectancy for Dependent Population in a Multi-State Context

Population statistics show that there was an increase in life expectancy during the last century. However, this fact hides that this increase was not equal for all groups of the population. One of the most problematic cases for measuring this increase is that of the dependent population because of the absence of specific statistics. This paper describes a methodology for calculating life expectancy using multistate models that take into account the diversity of situations considered by Spanish legislation. For this purpose, statistical information contained in the national survey on disability and dependency (EDAD 2008) is used. The results suggest that life expectancies are lower than those of the general population and that they differ according to gender and intensity of suffering from this contingency. The calculations were made considering the legal framework currently existing in Spain. This fact conditions the definition of dependent person and, therefore, the set of individuals, their characteristics, and therefore, their final results.

The Participation of Children and Adolescents in the Protection System: The Case of the Spanish Legislation

Children’s right to participation is enshrined in the Convention on the Rights of the Child (CRC), specifically in Article 12; however, the participation of children in the protection system continues to be a challenge. There is a need for a paradigm shift, in which children and adolescents (CA) are considered as active subjects of rights in all areas of their lives, and that means allowing them to participate in decisions that concern them. The study analysed 20 Spanish laws, both national and autonomous, that regulate child protection and the rights of CA in the protection system. It focuses on examining the participation of children in the protection system, divided into its three dimensions: the right to be informed, the right to be heard and the right to be involved. There is complexity in the different regulations. All of them are consistent with the CRC and provide for participation, but not all to the same extent. There is a lack of harmonisation between the legislation of autonomous communities, leading to practical difficulties for the professionals who have to implement the legislation on a daily basis.

Approaches of the Basque Country and Catalonia to Interregional Cooperation: Comparative Analysis

The paper focuses on a comparative analysis of the approaches to interregional cooperation used by two Spanish regions: the Basque Country and Catalonia. The main strategic documents which set the goals, tasks and directions of the autonomous regions in interregional cooperation are considered. Factors that shape the principles of the regions in developing interregional links are described. Spanish legislation which lays foundation for interregional action of the Basque Country and Catalonia is reviewed. Particular attention is paid to the key vectors of partnership between the Spanish and French territories in the framework of two Euroregions: New Aquitaine-Basque Country-Navarre and Pyrenees-Mediterranean. In addition, the main tasks stipulated in the Programme of the Catalan Presidency in the interregional association the Four Motors for Europe are examined. Furthermore, the paper identifies the role of the 17 UN Sustainable Development Goals in the hierarchy of priorities for interregional action in both regions. As a result of the research, similarities and differences in the approaches to interregional cooperation used by the Basque Country and Catalonia are underscored.

Spain and the European Green Energy Deal: A Case Study of the Patterns of Action That Are Both Enabled and Constrained by the Evolution of European and Spanish Legislation

The paper will examine in detail (a) the norms that can be featured under the category "Green Deal" connected to the European Commission, (b) their application to Spain and (c) the different patterns of action and development models that have been shaped by this framework over the last 20 years. These patterns are particularly relevant currently, as the Covid crisis has highlighted the importance of advancing towards new patterns of local sustainability endowed with higher resilience. The notion of cognitive sustainability will be one of the added value to current reflections on sustainability in general and energetic sustainability in particular.

Is a Municipal Sales Tax Compatible with VAT?

This paper analyses the Judgement of the Court of Justice of the European Union (CJEU) of 7 August 2018, case C-475/17, on the request for a preliminary ruling made by the Estonia Supreme Court on the compatibility between the municipal sales tax, which said country’s legislation allows municipalities to establish, and value added tax (VAT), which is Community-wide in scope. Pursuant to its interpretation of the VAT Directive, the CJEU concluded that this municipal tax is compatible with VAT and therefore endorses its levying. Based on an analysis of said Judgement, this paper assesses its potential transference into domestic Spanish legislation, be this within the current legal framework or as a possible new tax type within a future reform of the local finance system.

An Approach to Corporate Volunteering in Spain

This study aims to analyse the role of corporate volunteerism in the framework of corporate social responsibility of enterprises. After reviewing the active components in the employee volunteering concept, we present the steps taken at the European level in this area, focusing on Spain’s situation. We start with a search and comparison of information on the topic published by the major Spanish listed companies. This first approach verifies that the data are disclosed from various sources and presented heterogeneously. Then, we identify the sector that concentrates a more significant number of employees in volunteer activities. Subsequently, we focus on this sector to explore the type of volunteer activities these companies reveal according to Spanish legislation. The study sheds light on corporate governance practices, especially the disclosure of information about this activity type.

SPANISH LEGISLATION AND IB PYP LANGUAGE POLICY DEVELOPMENT

Given the growth of and interest in International Baccalaureate (IB) programmes in Spain, schools looking for approval to implement any of its programmes are being met with the challenge of policy development to meet the requirements for authorization. This paper will look at Spanish legislation and the supports or challenges it offers when trying to meet the needs that face schools looking towards IB Primary Years Programme (PYP) authorization. As schools already authorized will have used the 2014 version of the IB Programme Standards and Practices, this paper will focus on the development of language policy in this version as well as the 2018 versions to support these schools as they move to the next stage or new schools starting under this newer version. A comparative look at Spanish legislation that may have influenced past decisions and current legislation that will influence future decisions will summarize the support mechanisms for meeting the language policy requirement.

Legal regulation of relations between Spain and Russia in the area of adoption of Russian children by Spanish citizens

This article conducts the analysis of legal regulation of relations between the Kingdom of Spain and the Russian Federation with regards to adoption of Russian children by Spanish citizens. The authors examine the history of development of bilateral Russian-Spanish cooperation; legal normative base, and procedure for the adoption of Russian orphans in the Russian and Spanish legislation. Statistical data is provided on the trends in adoption of Russian orphans by citizens of the Kingdom of Spain. The article employs the following methods of scientific research: historical, comparative-legal, statistical, and systemic analysis. The relevance of the selected topic is substantiated by the fact the for many years Spain demonstrates consistent interest in this question, ranking second among other countries that adopt children from the Russian Federation. At the same time, the legal and bureaucratic framework for realization of Russian-Spanish cooperation in this field requires improvements. The authors conclude that although the number of adopted Russian orphans by Spanish citizens has dropped in recent years, it is necessary to continue cooperation in this field by improving the existing legislation.

La participación del público en la elaboración de planes con incidencia ambiental: algunas cuestiones irresueltas

LABURPENA: Lan honek honako hau azaltzen du: ingurumen ebaluazio estrategikoa eskatzen duten plan eta programak onartzeko prozedurak xedatutako araubideak dauzkan kontraesan eta hutsune juridiko batzuk. Espainiak Aarhus ituna berretsi zuenetik eta Europar Batasunak 2003/35 Zuzentaraua onartu zuenetik, barneko planen ingurumenaren inguruko ebaluaziorako prozeduretan, pertsonek parte hartzeko gabeziak erakusten ditu legediak. Alde batetik, barneko agintariek pertsonei emateko aurretiazko informazioa eskaintzeko garrantzia gutxietsi dute; bestetik, zalantzak sortu dira ondoko gai honetan: Oraindik ere zalantzak daude ingurumenaren arloan parte hartzeko baldintzak sektoreko legeriarekin edo legeria orokorrarekin nola artikulatzen diren. Izan ere, azken legeria horrek aurreikusten dituen bermeak eta parte hartzeko eskubide desberdinak dira eta, batzuetan, aurreratuagoak. Lanak xede izango du konponbide batzuk ekartzea, Aarhus itunaren interpretazio finalista batean eta EBJAk emandako jurisprudentzian oinarrituz. This work exposes some contradictions and legal gaps regarding the legislation that regulates the participation of people in the procedures aimed at passing plans and programmes subjected to the strategic environmental assessment. Since Spain ratified the Aarhus Convention and the European Union passed 2003/35 Directive, the Spanish legislation shows still shortcomings so as to achieve an effective participation in the environmental assessment of plans. On the one hand, domestic authorities have ignored how important is to supply previous information to the public; on the other, there are doubts about how the requirements of participation in the environmental field are articulated with those provided for in the specific or general legislation, that establishes guarantees and different rights to participate, sometimes more progressive. This works aims at bringing some solutions, in accordance with a finalist interpretation of the Aarhus Convention and with the developments in the case law of the CJEU. RESUMEN: Este trabajo expone algunas contradicciones y vacíos jurídicos que se desprenden de la legislación que regula la participación de las personas en los procedimientos dirigidos a la aprobación de planes y programas que requieran evaluación ambiental estratégica. Desde que España ratificara el Convenio de Aarhus y la Unión Europea dictase la Directiva 2003/35, la legislación interna todavía presenta carencias para el logro de una participación efectiva en los procedimientos para la evaluación ambiental de planes. Por un lado, las autoridades internas han ignorado la importancia de ofrecer información previa al público; por otro, todavía perviven dudas en torno al modo en que se articulan los requisitos de participación en materia medioambiental con la legislación sectorial o general, que también prevé garantías y reconoce derechos de participación distintos y, a veces, más avanzados. El trabajo tendrá por objeto aportar algunas soluciones, inspirándose en una interpretación finalista del Convenio de Aarhus y en el desarrollo jurisprudencial ofrecido por el TJUE.