Revista Estudios en Derecho a la Información

Revista completa

Estudios en Derecho a la Información — Tue, 07 Jan 2025 00:00:00 +0000

Preliminares

Estudios en Derecho a la Información — Mon, 13 Jan 2025 00:00:00 +0000

Reporter’s privilege in Spain

Javier García-García — Thu, 12 Dec 2024 00:00:00 +0000

The right not to reveal the identity of information sources is one of the protections available to those who carry out journalistic activity. In Spain, the professional secrecy of journalism was incorporated as one of the guarantees of the right to freely communicate or receive truthful information, although to date no law has been approved that defines its content. The objective of this article is to carry out a legal analysis of the aforementioned right, for this a review of its constitutional regulation is carried out, including the most recent jurisprudence, the proposals for its legal regulation are described, as well as the rules for the protection of sources. Journalistic rights contained in the European Media Freedom Act. The conclusions reflect on whether, at this point, it is still pertinent to approve a law that delimits its scope and limits more precisely.

Analysis Analysis of the deficiencies in the regulation of the crime of bribery regarding administrative nepotism according to the National Anti-corruption System

Katia Celeste Alva Méndez — Thu, 12 Dec 2024 00:00:00 +0000

The lack of adequate regulation in crimes of corruption generates inefficiencies and inefficiencies in the proper functioning of the public administration in Mexico, giving rise to misconduct of public servants who enhance their personal objectives and not those of the state. For example, in the crime of bribery, one could derive nepotism, which strictly does not have a typical and punishable presence in the law, being a gap in the norm that must be filled.

The objective is to analyze the regulation of the crime of bribery, both in the general law of administrative responsibilities and in the federal criminal code, compared to the proposal of the initiative to reform the latter, presented by Fernandez Fuentes to the chamber of deputies in 2016. It will also address the alleged classification of nepotism in our legal context to safeguard the integrity of the administration, diminish the violation of human rights to participation and equality, and eradicate the precedence of personal or family preferences. These actions only cause the loyalties of officials to go in opposite directions, affecting the objectivity and neutrality of officials in decision-making, abolishing democracy.

The conjunction of both figures presents a real problem, considering that it was not until 2015 that corruption was regulated under legal parameters. On the other hand, nepotism that has not been properly regulated as a crime or administrative offence and it allows activities that continue to violate the state to be carried out.

Personal data protection in Ukraine via the prism of european judicial institutions’ practise

Thu, 12 Dec 2024 00:00:00 +0000

The current paper intends to examine the issue of information protection, particularly personal data, based on positive international experience, aiming to revise and improve personal information protection provisions in Ukraine. Since conventional norms necessitate the use of the evolutionary interpretation approach in the context of the dynamic development of societal life, the study’s materials were international legal regulations and the European Court of Human Rights and the Court of Justice of the European Union case law. Thus, notable cases were examined in order to shed light on the developing comprehension of sensitive data and the need for enhanced security. The analysis of the court practises regarding personal data protection was conducted using a combination of general scientific and specific legal methods, namely dialectical, analytical, formal-dogmatic, comparative-legal, systemic and predictive methods. As a result of the research, key standards for personal data protection were identified, and recommendations for improving Ukrainian legislation, particularly in terms of clarity and certainty, were developed. Recognising potential implementation challenges, the article advocates for ongoing research in this field to refine and strengthen personal data protection mechanisms in Ukraine.

Three anti-corruption policies at the federal level in Mexico: a diachronic analysis of different approaches to the same problem

Jason Alexis Camacho Pérez — Thu, 12 Dec 2024 00:00:00 +0000

The aim of this article is to analyze the problem of corruption in Mexico from a theoretical-instrumental perspective, questioning how corruption can be defined under the public policy approach and what the instruments to combat it tell us about the problem. To this end, I start from the hypothesis that corruption is a perverse, complex and dynamic problem, which makes it difficult to understand and address effectively. The methodology is a diachronic comparison of anti-corruption policy in the light of three federal programs. The results show that, although there are significant efforts to combat corruption, the lack of a clear definition and the multifaceted nature of the problem limit the effectiveness of these policies. The conclusions argue that a holistic strategy and a more precise characterization of corruption are needed to improve anti-corruption policies in Mexico.

The politics of infrastructure spending in Mexico City and Yucatán, 2018-2021: An exercise in transparency and accountability?

Mónica María Lara Escalante — Thu, 12 Dec 2024 00:00:00 +0000

The implementation of infrastructure projects could be an exercise of accountability. In this article, the degree of accessibility to the paved road will be examined, one of the indicators included in section IX of article 36 of the LGDS in a 2013 reform, however, the data show that, despite the incorporation of this right, differences are still observed at the state level. Previous literature indicates that accessibility to the paved road network must be analyzed from two dimensions: a geographic one and a social one. The effects of accessibility have been widely studied from social, economic, and geographical points of view. However, the proposal of this article is to address the issue from a political point of view: infrastructure and its impact on accountability. It is proposed to study two of the cases with low percentages of poor accessibility: Mexico City and Yucatán. The study period includes the first three years of the arrival of MORENA to the federal government (2018-2021) and takes into account that the head of government in Mexico City corresponds to the same political party as the presidency, while the governorship in Yucatán does not correspond. The results show that despite budgetary and programmatic efforts, citizens continue to consider the lack of infrastructure as a Severus problem.

Digitalization of civil proceeding in brics countries

Nikolay R. Izralovsky, Antonina S. Petrova — Thu, 12 Dec 2024 00:00:00 +0000

In the present article, the authors aim to analyze the current issues related to the implementation of digital technologies and artificial intelligence (AI) technologies in civil proceedings in the BRICS countries. The novelty of the research lies in its generalization of the experience of the BRICS countries in accordance with the latest developments in doctrine, practice and legislation in the post-COVID19 period. On the basis of comparative legal analysis, the authors consistently describe the experience of all the states that are members of the BRICS organization in 2023. The key conclusions that the authors reach are the followings: the level of digitalization differs in the BRICS countries in terms of qualitative and quantitative indicators, which leads to a general slowdown in this process in the countries of this union. In order to overcome this obstacle, states need to first develop legislative regulation of the digitalization process at the national level, provide courts with technological equipment and improve the literacy level of judges and court staff. In addition, BRICS countries need to take into account the experience of other BRICS countries in order to build synergies with each other, as well as to borrow the strengths of the digitalization process in other countries and integrate it into their civil society processes. Consolidation in the development of the introduction of new technologies in civil proceedings among the BRICS countries is necessary.

Newman, L. (2022). Promoción de la equidad de género en el derecho de acceso a la información. UNESCO; Programa Internacional para el Desarrollo de la Comunicación; Federal Ministery for Economic Cooperation and Development. https://unesdoc.unesco.org/ark:/48223/pf0000381684_spa

Dulce María Romo Zúñiga — Thu, 12 Dec 2024 00:00:00 +0000