Working aspects of the interconnection between public administrations and instrumental entities: irregularities in the emergency contracting and legislation

Páginas257-259

Page 257

Abstract: The increasing complexity of the activities of the Public Administrations has established the search of "more flexible" systems than those the traditional Administrative law offered and the centrality of the concept of the public functions. In this sense, the mechanisms of collaboration between the public and private sector have been intensified, and related to this, the creation of instrumental entities by the Public Administration linked to them. In the present situation measures are added to the reorganization of the entities and companies of the public sector which restrict strictly the collective bargaining in the public employment, the working hiring, the freezing, the wages reduction and the facilitation of dismissals of the public employees or workers because of functioning needs of the Administration or the instrumental entities. On the other hand, because of the many working irregularities of the Administration, condemnatory court rulings have been sentenced which impose the condition of "indefinite non-permanent" worker to those workers affected by illicit policies of the acting Administration.

Keywords: Public employment, Public Administration, Instrumental Entities, Public Sector, Public Company, Working Relations in the Public Sector, Legal Restrictions in the Collective Bargaining, Change of the legal Structures of the Entities of the Public Sector, Administration Irregularities in the Working Hiring, "Indefinite Non-Permanent" Workers, Collective Dismissals in the public Sector.

THE RIGHTS OF FOREIGN WORKERS AND THEIR CRIMINAL PROTECTION

Abstract: The convergence of different kind of items which appear to be bound to the immigration phenomenon are unavoidably projected on the so established criminal policy, and, ultimately, on the content and scope of the criminal offences designed to face the challenges posed by these problems. From this perspective, the interest of the State in the protection of borders and the control of the migratory flows contend with the preservation of the most basic rights of the victims when determining the priority protected legal property in each case, and this produces application distortions. However, it should be pointed out the commendable work of the jurisprudence to try to assess the best interpretation for the importance of the rights involved and, this way, to outline an important doctrinal body on this matter, even though the difficulties arising from the suc-

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