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ISSN 2611-8858

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Ser o no ser (de La Manada): esta es la cuestión

In the early hours of 7 July 2016, five strong young men aged between 23 and 28 had sex with a 18 years old girl they had just met. This case arouse great social condemnation and an in-depth legal debate to understand if the girl agreed to have sex, or rather the five guys assaulted her and committed a group sex offence. Such facts induced the Spanish legislator to consider a reform of the criminal code, nowadays distinguishing between sex assault (by means of violence or threats under articles 178 and 179) and a less serious sex abuse (perpetrated without the said means, under article 181), similarly to the sex crime provided for by article 609-bis of the Italian criminal code.

¿Intimidación o prevalimiento? La sentencia de La Manada y los delitos sexuales en España

The case "La Manada", a group sexual assault on a young woman during the Festival of San Fermin in Pamplona, triggered a huge debate about sex offences in Spain, as well as protests and feminist mobilisation. This paper analyses the facts and the legal reasoning of the first instance judgment, pointing out the reasons for a thorough reform of the crimes at issue.

Reconocimiento mutuo, orden público e identidad nacional: la doble incriminación como ejemplo

This paper discusses the decision by a German criminal court to refuse President Puigdemont’s delivery to Spain, on the ground of a European Arrest Warrant. The author argues that this decision was erroneous, being in breach with both the EAW framework decision and Article 82 TFEU.

El TEDH a vueltas con los black sites

The decisions of the ECHR issued on May 31, 2018 in the cases Abu Zubaydah vs Lithuania and Al Nashiri vs Romania demonstrates once again, despite their public repercussions are rather scarce, the complicity of the EU states with a US anti-terrorist policy capable of challenging the prohibition of torture.