A TALE OF TWO CITIES SAFETY AND JUSTICE HOW THE BRIDGE MUST BE BUILT

Similar documents
AIRCRAFT ACCIDENT AND INCIDENT INVESTIGATION

Introducing the new Appendix 2 to Annex 13

Revised OBJECTS AND REASONS. This Bill would (a)

Part 1 Scope of the Act

DISCIPLINARY PROCEDURE

(1) This Act lays down provisions on the competence of an asbestos worker and licences for asbestos removal work and any related registers.

Evolution of Just Culture in occurrence reporting a legal/legislative perspective

Age Discrimination Act 2004

RESIDENTIAL MARKET IN SPAIN

ONTARIO LABOUR RELATIONS BOARD INFORMATION BULLETIN NO. 32

SAINT CHRISTOPHER AND NEVIS STATUTORY RULES AND ORDERS. No. 10 of 2014 PUBLIC SERVICE CODE OF DISCIPLINE

COUNCIL OF THE EUROPEAN UNION. Brussels, 10 November 2009 (OR. en) 15053/09 COSDP 991 PESC 1409 BIH 32 COWEB 236

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 1363

C-451 Workplace Psychological Harassment Prevention Act

APPLICATION FOR SECOND HAND DEALER LICENSE

13 Procedural Rules for Fast Track Proceedings

COUNCIL OF THE EUROPEAN UNION. Brussels, 27 May 2008 (OR. en) 9405/08 COSDP 383 PESC 562 COAFR 143 CONUN 46 CHAD 26

DECISION IMPOSITION OF SANCTIONS

TABLE OF CONTENTS. Duties of MEFF EXCHANGE. Minimum content of agreements between MEFF EXCHANGE and Members. Contracts and Exchange Register

The appointment procedure of judges

If this declaration is more than three months old, we will ask you to complete a new one before we grant your application.

HARVARD PILGRIM HEALTH CARE, INC. PRIVACY AND SECURITY AGREEMENT

Disciplinary procedure

MISCONDUCT. Committee Opinion May 11, 1993

Judicial system and Just Culture. FLORENTINO-GREGORIO RUIZ YAMUZA. Senior Judge, Spain. Barcelona, Spain,24-26 May 2017.

IBSA Harassment Policy

Criminal and Civil Liability For Environmental Health and Safety Professionals

OPEN MEETINGS LAW I. ARTICLE XII, SECTION 3, LOUISIANA CONSTITUTION

Health Practitioners Competence Assurance Act 2003 Complaints and Discipline Process

CASH MANAGEMENT SERVICES MASTER AGREEMENT

A complaint to the Building Practitioners Board under section 315. [The Respondent], Licensed Building Practitioner No.

IMPERIAL COLLEGE LONDON ORDINANCE D8. THE DISCIPLINARY PROCEDURE This Ordinance is made pursuant to Part III of the Appendix to the College s Statutes

10 AN ACT to amend and reenact of the Code of West Virginia, 1931, as amended, relating

IN THE MATTER OF THE LEGAL PROFESSIONS ACT AND IN THE MATTER OF A HEARING REGARDING THE CONDUCT OF MARK FEEHAN, A MEMBER OF THE LAW SOCIETY OF ALBERTA

Parliamentary Act No. 63 of 3 July 1998 as amended by Parliamentary Act No.52 of 12 May No July Chapter 1

IIRSM Qatar Meeting 26 June 2018 Emma Higham

ONTARIO LABOUR RELATIONS BOARD INFORMATION BULLETIN NO. 20. Grievance Referrals in the Construction Industry

THE WHISTLE BLOWERS PROTECTION ACT, 2014 ARRANGEMENT OF SECTIONS

A complaint to the Building Practitioners Board under section 315 of the Act. Carl Brogan, Licensed Building Practitioner No.

CHAPTER 20 FLORIDA REGISTERED PARALEGAL PROGRAM SUBCHAPTER 20-1 PREAMBLE RULE PURPOSE

PUBLIC INTEREST DISCLOSURE POLICY

Introductory Guide to Civil Litigation in Ontario

Residential market in Spain

The Liability of Air Traffic Control Agencies - The Ueberlingen Midair Collision Case Study

NOT DESIGNATED FOR PUBLICATION. No. 113,954 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. VERNON J. AMOS, Appellant, JAMES HEIMGARTNER, Appellee.

Disciplinary Policy and Procedure

Indicate the answer choice that best completes the statement or answers the question.

NOUVEAU MONDE MINING ENTERPRISES INC. (the Corporation ) WHISTLEBLOWING POLICY

THE WHISTLE BLOWERS PROTECTION BILL, 2011

Judges Ethics Committee 1. judges ethics committee bill 2008

BY-LAW NO. 44 ONTARIO COLLEGE OF SOCIAL WORKERS AND SOCIAL SERVICE WORKERS - RULES OF PRACTICE AND PROCEDURE OF THE DISCIPLINE COMMITTEE

DISCIPLINARY PROCEDURE FOR TEACHERS, INCLUDING PRINCIPALS AND VICE-PRINCIPALS, IN GRANT AIDED SCHOOLS WITH FULLY DELEGATED BUDGETS

ANNEX 4 TO THE ORGANIZATION, MANAGEMENT AND CONTROL MODEL PURSUANT TO LEGISLATIVE DECREE NO. 231/2001 OPENJOBMETIS S.P.A. - EMPLOYMENT AGENCY -

Ordinance on the Safety Investigation of Transport Incidents (OSITI)

THE UNIVERSITY OF NOTTINGHAM SENATE DISCIPLINARY COMMITTEE - RULES OF PROCEDURE

Agreement. between. the Governments of Denmark, Finland, Norway and Sweden. concerning. Cooperation in the Defence Materiel Area

DISCIPLINARY AND DISMISSAL PROCEDURE

Freedom of Information Act 2000 (FOIA) Decision notice

Occupational Health and Safety Act

Appendix 1. Form of Preliminary Operating Agreement. [See attached]

ONTARIO LABOUR RELATIONS BOARD INFORMATION BULLETIN NO. 25. Jurisdictional Disputes in the construction industry

Euronext Dublin Committee Regulations Board Committees & Working Group Committees

MARTIN LUTHER UNIVERSITY HALLE-WITTENBERG. Senate

KANAWHA COUNTY SCHOOLS POLICY

New IP Code changes regarding patents, new post-grant opposition and enforcement provisions

THE FIRST OF LONG ISLAND CORPORATION CODE OF ETHICS FOR SENIOR FINANCIAL OFFICERS CODE OF ETHICS FOR SENIOR FINANCIAL OFFICERS

Use of Security Cameras and Surveillance in Schools

Judicial Services and Courts Act [Cap 270]

S 2589 S T A T E O F R H O D E I S L A N D

EFFECTIVE DATE: When Published [Information outdated - Feb. 2000]

DISCIPLINARY PROCEDURES

DISCLOSURE: THE LEGAL AND ETHICAL REQUIREMENTS IN PROFESSIONAL DISCIPLINE CASES. Andrew J. Heal

7.32 COMPARATIVE NEGLIGENCE: INTERROGATORIES (Approved before 1985) NOTE TO JUDGE

GUIDE TO PRACTITIONERS ON ALLEGED MEDICAL AID FRAUD

2016 No. 41 POLICE. The Police (Conduct) Regulations (Northern Ireland) 2016

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

Decision of the Board in Respect of the Conduct of a Licensed Building Practitioner Under section 315 of the Building Act 2004

CARGO CHARTER GENERAL TERMS AND CONDITIONS

THE REGIONAL HEALTH AUTHORITIES ACT, 1994 REGULATIONS THE REGIONAL HEALTH AUTHORITIES (CONDUCT) REGULATIONS, 2008

Before the Building Practitioners Board BPB Complaint No. C

1 Introduction. 2 Purpose and scope

CHAPTER Law Enforcement Officers' Bill of Rights

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV [2015] NZHC 492. FRANCISC CATALIN DELIU Plaintiff

Decision of the Board in Respect of the Conduct of a Licensed Building Practitioner Under section 315 of the Building Act 2004

RULES OF PRACTICE AND PROCEDURE

Before the Building Practitioners Board BPB Complaint No. CB24832

DATA PROTECTION LAWS OF THE WORLD. Egypt

MEMORANDUM OF UNDERSTANDING. Between THE UNITED NATIONS AND THE FEDERAL GOVERNMENT OF AUSTRIA. Contributing

Disciplinary Procedure for Staff

ADMINISTRATIVE TRIBUNALS AND THEIR COMPOSITION

Accountability Report Card Summary 2018 Wisconsin

General Conditions of CERN Contracts

Seminole Tribe of Florida

General Contractual Terms and Conditions for the Sale of Standard Software of the company Engelmann Sensor GmbH

Title: The Short Life of a Tort: A Brief History of the Independent Cause of Action for Spoliation of Evidence in California Issue: Oct Year: 2005

Act No of 30 December 1968 relating to the exploration of the Continental Shelf and to the exploitation of its natural resources

Policy on Conduct Promoting the Protection and Safeguarding of Children

Cross-Border Internal Investigations: Data Protection and Employee Issues. June 11, 2014

Vicarious Liability Of A Corporate Employer For Punitive Damages

DISCIPLINARY PROCEDURE FOR TEACHERS NOTES OF GUIDANCE FOR RELEVANT BODIES

Transcription:

A TALE OF TWO CITIES SAFETY AND JUSTICE HOW THE BRIDGE MUST BE BUILT Prof. Dra. Irene Nadal Gómez Profesor of Law at the University of the Balearic Islands Just Culture in Spain how to open the link between aviation and judiciary

ADMINISTRATION OF JUSTICE Punishment SAFETY INFORMATION Recommendations JUST CULTURE Legal Actions Management System Rule of Law Culture

DECIDE ABOUT FACTS WHICH INVOLVE SAFETY WHAT FACTS OR CONDUCTS OF INDIVIDUALS MUST BE BROUGHT TO JUSTICE? Adminstration of Justice Inf o PROVIDE INFORMATION WHAT INFORMATION SHALL BE USED AS EVIDENCE?

Civil Justice CONSUMER RIGHTS - Judgement of CJEU of 4 May 2017 C-315/15 Legal concept of Extraordinary circumstances and reasonable measures to avoid extraordinary circumstances and consequences thereof: a bird collision and checks to be performed. Issue at stake: safety check conducted by an authorized firm. - Court ruling: 2 nd check was deemed as not reasonable. - What if damage had been found at the performance of the second check? - What if the second safety check had not been conducted following the no reasonable measure precedent and an accident had occurred?

Civil Justice - A negligent misconduct by an Air Carrier (or any of its employees) must be proven for victims to be awarded full compensation. - The following Liability Court rulings incorporated a Final Report or parts thereof, such us the transcript of the CVR or the Conclusions, as key documentary evidence. SAP Granada 74/1999 of 1 of February, upheld by TS/ AP Almería 108/2000 of 31 of March, upheld by TS, AP Málaga 377/2006, of 30 of June, AP of Madrid no.479/2009, of 16 of November -Provision 19 of the LSA does not prevent the disclosure of the final reports -The Final Report of the investigation of an accident conducted by the CIAIAC is used as evidence: atypical evidence - This may bring about refusal of cooperation in technical investigations particularly by air carriers - DECIDE: IF AND HOW THE FINAL REPORT SHALL BE INCORPORATED TO A CIVIL PROCEDEENG. (

Labour Justice Disciplinary mesures -Latest Supreme Court Judgements allow the Employer to impose disciplinary penalties, based on recordings made by recording devices placed at the workplace, unless the LSA is complied with or private agreements are reached. The Employer is not required to inform the employee about the punitive use of this recordings in advance. - S TSJ Balearic Islands no. 26/2017 of 30 of January, penalty based on no protected information. - Protected safety information must not be used in a punitive way (art. 16. 7 EU Reg 376/2014, provision 12 of (LSA)). - However, in the event of gross negligence or significant ongoing safety concern it may be used to penalize an individual, in compliance with a particular proceeding. - This safety information may be use as evidence in a labour tribunal if properly used by the Employer. Nevertheless, it is for the tribunal to decide upon as this may also be subject to debate.

CRIMINAL JUSTICE - Rule of Law - Judicial preliminary investigation Legal sources: - CRIMINAL AND PROCEDURAL LAW OF AIR TRANSPORT: - Crimes of abstract danger which are to be completed with technical rules. Therefore, the Judge applies a technical rule. First instance court decision of the Balearic Islands. - Minor negligence not resulting in death or injuries is punishable - CRIMINAL CODE : - Cases of gross negligence or wilful misconduct with results - CRIMINAL LAW SHOULD BE IN ACCORDANCE WITH SAFETY REGULATION AND JUST CULTURE

CRIMINAL JUSTICE The judicial preliminary investigation: - usually arising from an accident investigation (Spanair case) - Other cases with no convictions. In court: - The Final report, the CVR transcripts, other recordings, medical reports are used as evidence. - documents, such as MEL or Service Bulletins, are used as legal source - Each item (recordings, statements ) are to be disclosed separately. - The decision relies on a special authority: currently on the judge, but must that be it? - Trial involvement of individuals who are also engaged in the technical investigation. When and how? - Even if information is disclosed, the probative value should be determined separately.