2022/2023
Intervention and Self-Regulation
Code: 104001 ECTS Credits: 6| Degree | Type | Year | Semester |
|---|---|---|---|
| 2502501 Prevention and Integral Safety and Security | OB | 2 | 1 |
Contact
- Name:
- Roser Martinez Quirante
- Email:
- roser.martinez@uab.cat
Use of Languages
- Principal working language:
- spanish (spa)
- Some groups entirely in English:
- No
- Some groups entirely in Catalan:
- Yes
- Some groups entirely in Spanish:
- No
Prerequisites
This subject does not have any pre-requierments
Objectives and Contextualisation
It is about showing different aspects of security from the point of view of administrative intervention, whether regulated or self-regulated, in order to prevent risks or dangers to achieve comprehensive prevention. Sectors are chosen as the address, the public domain, the workplace, public and private transport, the hotel trade, etc. and the regulations, legal instruments and obligations of citizens are analyzed so that our specialists in prevention are prepared to face the requirements of Public Administrations.
The concepts of worker, employment, merchant, entrepreneur, mercantile companies, etc. are studied. in order to find appropriate solutions to open administrative procedures.
At the same time, the new rights that protect each situation will be explained: women, environmental, minorities, road safety, occupational risk prevention, food safety, health, anti-smoking, etc. appropriate to the new risk society model.
We will see each session as a right is guaranteed (to life, health, safety, etc.) through the analysis of a specific sector or in a specific area where human beings develop: the address, the university, the place of work, means of transport, hotels, shows, etc.
We will study the administrative intervention in matters of prison regime, the management of the shift of office, and the cooperation between the police courts and the police.
There will be an exhaustive study on the prevention of violence through the regulation of firearms. Exhibit how there are different security models depending on the restriction or freedom granted to the citizen in terms of the possession of weapons. We will analyze the American model of freedom and promotion of the armed individual to achieve a State where the citizen achieves his self-protection or not. At the same time, a comparison will be made with the European security model in which the possession of weapons for the defense of the citizen is a monopoly of the security forces and bodies. Once the two most representative models are exposed, it will be assessed which system offers more integral security.
Training objectives
Know the different aspects of security from the point of view of regulated or self-regulated administrative intervention.
Apply correctly the current legal framework to apply prevention and comprehensive security in every area of life in society.
Knowing how to plan the management of the
Competences
- Act with ethical responsibility and respect for fundamental rights and duties, diversity and democratic values.
- Be able to adapt to unexpected situations.
- Contribute to decisions on investment in prevention and security.
- Maintain a positive attitude with respect to professional and personal growth.
- Respond to problems applying knowledge to practice.
- Show respect for diversity and the plurality of ideas, people and situations.
- Students must be capable of applying their knowledge to their work or vocation in a professional way and they should have building arguments and problem resolution skills within their area of study.
- Students must be capable of collecting and interpreting relevant data (usually within their area of study) in order to make statements that reflect social, scientific or ethical relevant issues.
- Students must be capable of communicating information, ideas, problems and solutions to both specialised and non-specialised audiences.
- Students must develop the necessary learning skills to undertake further training with a high degree of autonomy.
- Students must have and understand knowledge of an area of study built on the basis of general secondary education, and while it relies on some advanced textbooks it also includes some aspects coming from the forefront of its field of study.
- Take sex- or gender-based inequalities into consideration when operating within one's own area of knowledge.
- Use the capacity for analysis and synthesis to solve problems.
Learning Outcomes
- Analyse the sex- or gender-based inequalities and the gender biases present in one's own area of knowledge.
- Apply the basis of statistics, economics and finance, in the applicable legal framework and the informatics necessary to undertake prevention and security.
- Be able to adapt to unexpected situations.
- Communicate using language that is not sexist or discriminatory.
- Critically analyse the principles, values and procedures that govern professional practice.
- Evaluate how gender stereotypes and roles affect professional practice.
- Maintain a positive attitude with respect to professional and personal growth.
- Respond to problems applying knowledge to practice.
- Show respect for diversity and the plurality of ideas, people and situations.
- Students must be capable of applying their knowledge to their work or vocation in a professional way and they should have building arguments and problem resolution skills within their area of study.
- Students must be capable of collecting and interpreting relevant data (usually within their area of study) in order to make statements that reflect social, scientific or ethical relevant issues.
- Students must be capable of communicating information, ideas, problems and solutions to both specialised and non-specialised audiences.
- Students must develop the necessary learning skills to undertake further training with a high degree of autonomy.
- Students must have and understand knowledge of an area of study built on the basis of general secondary education, and while it relies on some advanced textbooks it also includes some aspects coming from the forefront of its field of study.
- Use the capacity for analysis and synthesis to solve problems.
Content
Topic 1. Introduction to the Administrative Intervention and Self-Regulation. Administrative activities
Topic 2. The administrative intervention to prevent and manage the risks.
Topic 3. The statute of workers. The work contract and its classes. The powers of business control. The termination of the work contract. The dismissal, classes and effects. Pacts of non-contractual concurrence. Special analysis on the termination of the contract at the worker's request: assumptions. Special consideration is the harassment of labor and its evidence. Work process Basic procedural scheme. Specificities in the field of test means. Resources and evidence on appeal.
Topic 4. The individual merchant: Legal concept. Legal capacity to engage in trade.
The mercantile societies .. Constitution, requirements, government, obligations. Joint-stock company. Limited society. Other corporate forms.
The administration of mercantile societies. Obligations and civil and criminal liability. The figure of the administrator in fact. The succession of societies. Covert succession and extension of responsibility. The doctrine of lifting the veil. Criminal liability of legal entities: Assumptions. The Commercial Registry. Functions Formal advertising Books of trade and their classes.
Topic 5. Money and other means of payment. The measures of protection of the credit. The securities-securities. Fundamental commercial contracts: Contract of sale, contract of commercial loan, contract of insurance. The simulation of contracts. The crisis of the entrepreneur. The contest. The intellectual property. Concept and legal figures. Intellectual property rights. Actions in the field of intellectual property. Industrial property Patents, trademarks and other legal entities. The protection of industrial property. Actions. Procedural specificities. The protection of competition. The Unfair Competition Law. Assumptions of unfair competition. Actions. Procedural specificities.
Topic 6. Management of security in mass transport companies: The case of TMB. The management model of security: private management, public management, mixed management. The global and integral vision of transport management.
Topic 7. Security in hotel establishments. Types of tourist accommodation: hotels, campsites, tourist apartments, tourist homes, rural tourism, etc ... Security management. Tourist security. Management tools The risks to the tourist activity. Global vision of prevention and safety in the sector.
Topic 8. Administrative intervention and civil protection. Definition The role of volunteering. The civil protection plans of Catalonia. Civil defense The prevention of fires.
Topic 9. Prevention of violence through the regulation of firearms. Security models based on the restriction or freedom granted to the citizen in regard to the possession of weapons. The American model of freedom and promotion of the armed individual. The European model of security in which the possession of weapons for the defense of the citizen is a monopoly of the security forces and bodies.
Methodology
The study methodology will be based mainly on self-employment. There will be sessions in which the teacher will present the topics of study, indicate the most important of each and answer the queries of students.
The achievement of the PACs, and the participation in the discussion forums is required.
Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.
Activities
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Class | 12 | 0.48 | |
| Evaluation | 4 | 0.16 | |
| Type: Supervised | |||
| Discussions in the forums | 24 | 0.96 | |
| Type: Autonomous | |||
| Individual study | 110 | 4.4 |
Assessment
If any of the PECS is not done, the subject will be considered as not Evaluable. In case of the PEC but not achieve the approved, the final test will also include a practical part.
The exams, tests and presentations may be in oral or written format at the discretion of the teacher.
In case of not passing the subject according to the aforementioned criteria (continuous evaluation), a recovery test may be done on the date scheduled in the schedule, and it will cover the entire contents of the program.
To participate in the recovery the students must have been previously evaluated in a set of activities, the weight of which equals a minimum of two thirds of the total grade of the subject. However, the qualification that will consist of the student's file is a maximum of 5-Approved.
Students who need to change an evaluation date must submit the request by filling in the document that you will find in the moodle space of Tutorial EPSI.
Without prejudice to other disciplinary measures deemed appropriate, and in accordance with current academic regulations, "in the event that the student makes any irregularity that could lead to a significant variation in the grade of an evaluation act, it will be graded with a 0 This evaluation act, regardless of the disciplinary process that can be instructed In case of various irregularities occur in the evaluation acts of the same subject, the final grade of this subject will be 0 ".
Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| Continuous evaluation assestments | 50% | 0 | 0 | 3, 5, 1, 2, 4, 8, 7, 14, 13, 12, 10, 11, 9, 15, 6 |
| Exams | 50% | 0 | 0 | 3, 5, 1, 2, 4, 8, 7, 14, 13, 12, 10, 11, 9, 15, 6 |
Bibliography
Ballbé, M., Martínez, R., “Law and Globalization: Between the United States and Europe”, en Global Administrative law, Robalino-Orellana i Rodríguez Arana (ed.), Cameron May, 2010.
Broseta Pont, M., Martínez Sanz, F., Manual de Derecho Mercantil, Vol I y II, Tecnos, 2014.
Cruz Villalon, J., Compendio de Derecho del Trabajo, Tecnos, 2010.
Esteve Pardo, J., Lecciones de Derecho Administrativo, Marcial Pons, 2019.
Martínez Quirante, R. , Armas: ¿Libertad Americana o Prevención Europea?, Editorial académica española, 2019.
Trayter Jiménez, J.M., Derecho administrativo. Parte general, Atelier, 2019.
Software
This subject will use the basic sofware of the Office 365 package.