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2023/2024

Intervention and Self-Regulation

Code: 101837 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

Teaching groups languages

To check the language/s of instruction, you must click on "Methodolody" section of the course guide.


Prerequisites

This subject does not have any pre-rrequierment


Objectives and Contextualisation

It is about showing different aspects of security from the point of view of the administrative intervention, whether regulated or self-regulated, in order to prevent risks or dangers to achieve comprehensive prevention. Sectors such as domicile, public domain, workplace, public and private transport, hospitality, etc. are selected. and analyzes the regulations, the legal instruments and the obligations of the citizens so that our specialists in prevention are prepared to meet the requirements of the Public Administrations.
 
The concepts of worker, labor contract, trader, entrepreneur, mercantile societies, etc. are studied. in order to find solutions that are suitable for open administrative procedures.
 
At the same time, the new rights that cover each situation will be explained: women, environmental, minorities, road safety, prevention of occupational hazards, food safety, health, anti-smoking, etc. appropriate to the new risk society model.
 
We will see in each session how to guarantee a right (in life, health, security, 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, the means of transport, the hotels, the shows, etc.
 
We will study the administrative intervention in the management of office hours, and the cooperation between the police and guard courts.
 
An exhaustive study of the prevention of violence will be carried out through the regulation of firearms. We will discuss how different security models are based 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 obtains or not his self-protection. At the same time, a comparison will be made with the European securitymodel in which the possession ofweapons for the defense of the citizen is a monopoly of the security forces and bodies. Once exposed the two most representative models, it will be evaluated which system offers more integral security.
 
Training objectives
  •  
  • Understand 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 each area of life in society.
  • Know how to plan the management of the forecast

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

  1. Analyse the sex- or gender-based inequalities and the gender biases present in one's own area of knowledge.
  2. Apply the basis of statistics, economics and finance, in the applicable legal framework and the informatics necessary to undertake prevention and security.
  3. Be able to adapt to unexpected situations.
  4. Communicate using language that is not sexist or discriminatory.
  5. Critically analyse the principles, values and procedures that govern professional practice.
  6. Evaluate how gender stereotypes and roles affect professional practice.
  7. Maintain a positive attitude with respect to professional and personal growth.
  8. Respond to problems applying knowledge to practice.
  9. Show respect for diversity and the plurality of ideas, people and situations.
  10. 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.
  11. 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.
  12. Students must be capable of communicating information, ideas, problems and solutions to both specialised and non-specialised audiences.
  13. Students must develop the necessary learning skills to undertake further training with a high degree of autonomy.
  14. 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.
  15. 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

Teaching language: Catalan.
 
Theoretical classes in the classroom will combine the master classes and the development and resolution of work exercises, usually individual or in pairs.
 
The practical classes in the classroom will consist of the development of exercises and group work, in which some of the concepts presented in the theoretical classes will be applied in practice. Subsequently a joint venture will be held from which the corresponding academic conclusions will be deferred.
 
The autonomous activities will correspond to both the personal study and the resolution of the exercises and works proposed by the teacher. Each student will have to look up documentation of subjects related to the subject matter of study and personal consolidation work about what has been exposed in class (programmed readings, individual exercises). In addition you will have to follow up and study different exercises and practical cases.
 
The assessment activities will evaluate the knowledge and competences acquired by the students, in accordance with the criteria presented in the following section.
 
Tutorials with the teaching staff will be arranged by email

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 40 1.6 3, 5, 1, 2, 4, 8, 7, 14, 13, 12, 10, 11, 9, 15, 6
Evaluation 4 0.16 3, 5, 1, 2, 4, 8, 7, 14, 13, 12, 10, 11, 9, 15, 6
Type: Supervised      
Debates in class 12 0.48 3, 5, 1, 2, 4, 8, 7, 14, 13, 12, 10, 11, 9, 15, 6
Type: Autonomous      
Individual study 94 3.76 3, 5, 1, 2, 4, 8, 7, 14, 13, 12, 10, 11, 15, 6

Assessment

Continuous assessment

The final exam will consist of an oral or written test of the contents of the subject and will correspond to 50%. The result of the 2 tests (20%) (PEC 1 and PEC 2) and 2 continuous assessment tests (30%) (PEC 3 and PEC4) will be added to this grade.

Unique assessment:

Students who opt for the single assessment will take a final synthesis test of the subject (50%), a practical (40%) and an oral defense (10%). The date for this test will be the same scheduled in the schedule for the last continuous assessment exam. The same recovery system as for continuous assessment applies.

Recovery

If you do not pass the subject in accordance with the criteria mentioned above (continuous assessment, minimum 3.5), you can take a make-up test on the scheduled date in the timetable, which will cover all the content of the program.

To participate in the recovery, the student must have previously been evaluated in a set of activities, the weight of which is equivalent to a minimum of two thirds of the total qualification of the subject. However, the grade that will appear in the student's file is a maximum of 5-Pass. If he has not been evaluated in two third parties for not having presented himself for the tests he will obtain the qualification of Not Presented, without having the option of Recovery.

Evaluation of students in the second call or more

It will be necessary to carry out the scheduled assignments, tests and exams and hand in the course assignments on the dates indicated in Moodle.

Warnings

Students who need to change an assessment date must submit the request by filling out the document you will find in the EPSI Tutoring moodle space. Once completed, the document must be sent to the subject's teaching staff and the degree coordinator.

Without prejudice to other disciplinary measures deemed appropriate, and in accordance withcurrent academic regulations, "in the event that the student commits any irregularity that could lead to a significant variation in the grade of an assessment act , this evaluation act will be graded with a 0, regardless of the disciplinary process that may be instituted. In the event that several irregularities occur in the evaluation acts of the same subject, the final grade for this subject will be 0 ".

Tests/exams may be written and/or oral at the faculty's discretion.

At the time of carrying out each assessment activity, the teaching staff will inform the students of the mechanisms for reviewing the qualifications. For single assessment students, the review process will be the same.

If there are unforeseen circumstances that prevent the normal development of the subject, the teaching staff may modify both the methodology and the evaluation system of the subject.

If during the correction there are indications that an activity or work has been done with answers assisted by artificial intelligence, the teacher may supplement the activity with a personal interview to corroborate the authorship of the text.


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, 2019.

Esteve Pardo, J., Lecciones de Derecho Administrativo, Marcial Pons, 2019.

Martínez Quirante, R. , Armas: ¿Libertad Americana o Prevención Europea?, Editorial Académica Española, 2019.

Martínez Quirante, R., Rodríguez, J., Inteligencia Artificial y armas letales autónomas, Trea, 2018.

Trayter Jiménez, J.M., Derecho administrativo. Parte general, Atelier, 2019.


Software

This subject will use the basic sofware of the Office 365 package.