V A M It is a matter of pride that , despite who wanted to destroy us, they have failed or succeed. Not only because we have moral authority , but because women and men who participated in this struggle , we profess a deep love for our neighbors and beyond treachery and against all odds , we hold the firm belief of building a more just, more humane and egalitarian AMLO In the fight against the privatization of oil , Andres Manuel Lopez Obrador did not rule out joining forces with Cuauhtemoc Cardenas Solorzano , because beyond the differences , if any, is the general interest , he said, and apologized for not attending the concentration engineer today hosted at the Monument to the Revolution in Mexico city . He said that no substantial differences with Cardenas and National Regeneration Movement (Morena ) and was scheduled to tour Veracruz and mobilization in the Zocalo on September 8 . He said that will not allow the privatization of oil , because it would be the last straw , is theft unprecedented in the history of the country, is the theft of all time. Mexico s people support us because they will be stripped of oil revenues , he added. Before taking protest Morena municipal committee in Medellin , Lopez Obrador was in Three Valleys , where he said Carlos Romero Deschamps , leader of the oil workers, supports the reform of Peña Nieto because he always does well and always wins . He explained that the government believes Morena peñista only make Sundays mobilization against privatization of oil and tax increases , but not just going to be 8 , but all the time , to give back to energy reforms and hacendaria . Anglo An old proverb teaches that we should not fix what is not damaged. It is therefore surprising that the many and urgent reforms should hacérsele to commercial law , is chosen to modify the few issues that have been the subject of recent and appropriate update. A little over a year the rules were changed on dissolution and liquidation of companies . In this recent legislation , promoted by the Superintendence of Companies , progress was made in some aspects that greatly facilitated the liquidation process . Thus, at present this procedure is appropriate and corporate generally conforms to international practice on the subject. However, a bill that makes rapid transit in Congress proposes to amend in the most inconvenient rules governing these matters today . This is the now famous 143 bill of 2011, which special rules for dissolving companies creates a brief settlement process and establishes other provisions. Without going into the technical specifications of the initiative is to generally regulate those cases in which it is not possible to declare the dissolution of the company because there is a problem of lack of plurality , no quorum, inability to achieve deciding majority for blockage or the highest corporate body derived from the parity in the composition of capital. Although at first sight this initiative seems laudable , the fact is that simple disagreement within the assembly results in extreme solutions as the liquidation of the company or the forced sale of the partners equity absent or dissenting . The implementation of these standards could create serious problems in the current corporate regime . This is because the project anywhere you consider any of the circumstances going into the decision mechanism of the assembly may be due , as is the rule and not the exception, to legitimate interests of members . Today are frequent and indispensable shareholders agreements that are based on locking mechanisms that arise precisely from qualified decisive majorities , quorum rules more stringent than legal and voluntary agreements of purchase and sale for blocking hypothesis . All this would have no effect if this dangerous initiative becomes law . This is all the more serious because the rules of the project against all contemporary trends , are mandatory and not merely extension of the will of the parties. Logically , if you insist on this initiative would lock refer cases to solutions minority abuse and parity , as was done with care and technical rigor , Act 1258 of 2008 , in the case of simplified stock companies . And speaking of the latter , they are not at all promising the ads that the government has been doing over the reforms intended hacérsele to SAS . Thus, the tax reform that promises to make the rich scream show , surely, that the poor will also cry , especially if they are entrepreneurs. Because most of the tens of thousands of companies that have created simplified in the country belong to microentrepreneurs honest (not to be dismissed that 30 % of large companies operating in Colombia are also SAS ) . Blaming the SAS of fraud arising from the extravagant tax advantages offered by the law of first job is a real blunder . Rightly said Professor Ignacio Sanin Bernal that with the stubborn and biased SAS persecution from some public and private sectors , it is putting a smokescreen over the real existing problem, which lies in legislation that creates prerogatives and privileges which later results surprised the Government. It is therefore inexplicable challenging course of these reforms that threaten investment both local and foreign to . The risks and opportunities presented by new free trade agreements signed by Colombia require a responsible attitude by the government and legislators , in an area of crucial importance as it is the commercial companies . Hopefully the damage is irreparable reconsider these proposals might have on the economic system. Unfortunately , there seems to be much interest in this class of reflections . The reforms in criminal procedure are part of the new proposals of the Ministry of Security to ensure an efficient implementation of justice. The measures appear to respond to recent accusations that the government had , by different sectors of businessmen and intellectuals about the shortcoming in the fight against crime . The reforms were announced on May 9 , after weeks of discussion that was not requested specialist consultations . To Guadalupe Espinoza , a lawyer working in the Human Rights Institute of the University Jose Simeon Canas ( IDHUCA ) , the reforms do not represent at all, the real solution to the Salvadoran judicial system . The challenge , he says, is greater . Communication : How do you see the new reforms ? What do they obey ? Guadalupe Espinoza : In general, any state has the authority to do whatever he wants and you see fit in their laws . If you are in a state of law and, above all , in a democratic , criminal must conform to the principles and values of democracy. Any attempt to reform is well to hold also pincipios and guarantees of the human person . If you go back in these areas , no good. In this sense , the problem of which vitiates the Salvadoran justice system has nothing to do with the trial. There is procedural . The problem is research. No tools , technical equipment, materials , resources, etc. . On the other hand , no human capacity for it. In no prosecutions evidence . Is there a political interest in these reforms? The reforms I think that only seek to show that there is interest in doing something about the problem of security in the country . Even if good things, for example the introduction of rules of evidence, which is very good , if not accompanied with research, very little can serve. The fact that there is very little consensus also says something of reform. Remember that any bill should have to guarantee you are not going to favor anyone over another . But in this case , if you put in the work table to people who are in the same line , there is hardly consensus. There has to be a consideration . What does the removal of a stage in the criminal process ? Remove one of the three phases in the process, not the solution either. The role of the justice of the peace , in the initial period in which it occurs , has to do with the investigation. And if were talking about taking this step , the research should be strengthened rather than diminished . And the problem is that now the instructional phases has no accompanying statement to strengthen research . With these reforms , and arise , you can change more thing and it is safer to follow the cases of impunity . If no witness protection improves , if not better trained , cases will continue to fall . So if you ask me if these reforms have some use , I answer no. Are cases fall for what reasons? Until now you mentioned technical reasons that weaken much research. It may be due to technical reasons . What she said , lack of resources , geographic limitations , tools, etc. . But there is the staff negligence . There are some who can not even cordon off a scene well , to avoid contamination . Moreover , it happens that intend to investigate is conditioned by the quality of the victim or the perpetrator . If someone I know , if someone of power, etc. . How do you see the wiretap proposal proposed by the Ministry of Security ? The problem is not the intervention. We must clarify that when the intervention is given without authorization , ie neither I realize when Im being recorded, is different than they do with my authorization. I can not claim that I have violated my rights because I knew that I was recording while blackmailing someone. The problem itself , to wiretap , is that there may be an indiscriminate use . Any intervention should be supervised by the judge and not only by the PNC . How do you propose that courts no longer pluripersonal ? It has a very high risk . I ask ... What is easier to buy : One or three judges ? The judge when accompanied by other people feel safer, more protected. So when is a judge only in court , more privacy and therefore greater risk. Do the reforms have been handled in secret? At least the work of a proposal has been in secret. I would expect that from now on , which is already the first proposal , be different . There must be consultation provided by the simple fact that affects all citizens. The consensus should be aimed at ensuring that all are happy and that no one would benefit more than another. The other point is that effectively take into account the views . Lay useless to many people if you end your comments do not help or do not really take into account . How has acted in previous reforms ? With the Codes of 1973 when there were reforms , for example , in the years before its adoption and approval in 1998 , was training for the judges during the years 95 , 96 and 97 , there was also little consensus . Faced with this situation have tried to mitigate the effects of that crisis with inadequate remedies to address this situation . The truth is that in this scenario was urgent a package of reforms in labor law to balance , in most possible , inequality in which we were. What causes it had to reform the law in this regard in order to stabilize the situation, to the furtherance and stimulation of new hires , as well as the lowering of compensation to safeguard the interests of both the employee and the employer himself . The result of this situation comes into force on February 11, 2012 Royal Decree -Law 3/2012 , of February 10 , which provides urgent measures to reform the labor market. The objective of this regulation is to achieve a balance between productivity and competitiveness. Its rapid preparation and publication seemed to offer other legal framework in order to remedy the situation and stabilize employment. Apply measures to encourage new hiring, reducing days per year worked in the compensation , expanded objective reasons for dismissal , lack of prior authorization for Redundancy Employment, wage suppression processing and as an infinity of actions that seemed , at first , the solution to the underlying problem . However, in view of its application is that defeats the purpose . The most significant reform is the variation of unfair dismissal . Recall that before the Royal Decree , which entered into ( RDLaw 3/2012 ), the vast majority of dismissals who were holding companies were known as layoffs Express . They were characterized by the recognition of the inappropriateness in the same letter of dismissal and the making available of the amount of 45 days per year of service with the maximum of 42 months , not necessary to go to court . Today this situation was untenable , because the companies had no liquidity for payment of higher compensation and workers kept this template causing greater seniority in the company . But , since last February 13, 2012 , and, after appropriate parliamentary procedure , Law 3/2012 of 6 July ( BOE 07.07.2012 ) - the known labor reform has undergone important changes . First, and in my point of view the most significant, is the elimination of redundancy Express . So if the company wants to make a layoff recognizing the illegality and that the compensation remains tax exempt , is required prior conciliation before the Department of Company D i Ocupació or before the Court . In this situation , it is advisable to seek legal advice from the start of trading . In these cases the compensation is reduced to 33d / a for all permanent contracts signed since February 13 and can not exceed the amount which would correspond to 24 months. Except for contracts in force at the time of publication of the reform, ie prior to February 12 , the amount will be the equivalent of 45 days per year worked with a maximum of 42 months up to 12.2.2012 and 33 days per year worked up to 24 months from the date 13.2.2012 to the effect of the dismissal. Is introduced in recognition of the unfair dismissal novelty of the abolition of wages processing , and may only be applicable in cases of reinstatement of the worker . After the federal elections of 2006 , the parties forged a political reform that were, according to them, avoid the excesses that were committed on that occasion , when Felipe Calderon took office in the midst of a monumental fraud suspects . To do this, set numerous locks on the Constitution and the Federal Electoral Code . For example , were banned themselves directly hire spots on electronic media and gave the award to the Federal Electoral Institute , to end the waste and avoid large consortia of radio and television continue doing business millionaire in each process. Also regulated the primaries for candidates for elected office , established seasons of closure in which they are forbidden to talk about their aspirations for public office ; rulers refused the possibility of acting openly and publicly express their support a party or candidate in the interests of fairness in the contests . And vetoed the smear campaign to insult the participants in the electoral process. With these measures, according to this, trying to prevent waste, do more clean and fair elections without traps and contraptions that have characterized Mexico forever. Six years after these brainy reforms , a simple assessment of the results leads to a clear conclusion : they have served to damn the thing. We saw in the federal election last year, but it definitely showed more harshly in the 2013 Local election process . Parties and candidates are passed through the triumphal arch of campaign stops . In seasons of supposed ban simulated proselytize with the complicity of the media print, electronic and digital . The rulers of all levels creep into the kitchen of the elections to win (or lose , there are also cases ) to their parties and their rivals. Black campaigns not only disappeared , but they are more intense and disgusting than ever, although not disseminated on TV. If that was not enough , waste of money in campaigns , public and private , did not decrease , but doubled to pay newsletters in the media and social networks operate and intelligence to attack the opponent. All this , in the most monstrous impunity , with the complicity of electoral and judicial authorities . In short, the reformónelectoral of 2007-2008 , and its aftershocks in the states of the Republic , had a dismal failure , as not eradicated none of the vices of our dying democracy. We are the same or worse than before. So now that the new account parties and politicians talk about the need for electoral reform to avoid the excesses that were committed ... and blah blah blah citizens we can only reflect and question something : by why continue to allow us to see the face of assholes . Therefore, against the rhetoric that the standard was to create jobs, the reality is that unemployment rates are reaching highs above suspicion , despite a slight downturn that has had in recent days for the holiday period in which we find, for what is rendered meaningless the purpose of the rule . The fiscal reform , presented Sunday September 8 by President Enrique Pena Nieto , provides tuition charges , concerts , pet food , foreign bus trips , and even , to gum, to raise 240 billion pesos. The federal government expects higher revenue to start walking to social reform social security grants to most Mexicans. Among the analysts are critical and acknowledgments of management approach Enrique Peña Nieto. In short , analysts recognize the removal rate business tax ( flat tax ) and tax on cash deposits ( IDE ) . Also include increased from 30% to 32 % in income tax (ISR ) for those with an average monthly salary of 41 thousand 666 pesos. Other analysts applaud aspects are eliminating half of the special schemes and many other special treatments like the tax consolidation regime and the immediate deduction of investment. This, say experts as the director of the newspaper El Financiero , Enrique Quintana , cause anger, but it will involve more equal tax treatment . Pretender operations also levy Stock Exchange and is planning a tax on foreign bus tickets , is interpreted as positive steps . In the case of the latter , says the journalist Carlos Puig- faces the almighty guild of carriers. The aspect that analysts are more cautious to celebrate is the creation of a universal social security system , as observed complicated rules in the presentation. To call a surplus Universal says Puig- but is on the right track . Analyst Carlos Elizondo Mayer -Serra believes that tax reform and its consequent social plan would only be effective if it reduces inequality. In countries where there are rules progressive allocation of public spending and a good administrative capacity to exercise , inequality decreases significantly once the taxes are spent on quality public services . For example , while Poland has a relative poverty rate of 27 % by the end of the 2000s before fiscal policy after it goes down to almost 12 %, says the expert in his article published in the magazine Nexos . The government of Enrique Peña Nieto has to reconcile his many proposals made meet along the campaign with a tax reform that can raise the necessary resources to pay them. The campaign was a series of well-documented proposals ( ... ) . Virtually all are spending commitments. The most expensive is the proposal to introduce universal social security Mexico whose cost has been estimated at 5.69 percent of GDP with 2008 data , adds the analyst. Sen. National Action Party (PAN ), Ernesto Cordero said now is not the time to collect more taxes and what the government should do is to exercise the spending. In an interview with MVS News first issue , former Finance Minister said that the country is on the brink of a recession , and that is not exercising public spending as it should. The budget is already approved is not being spent , loss of jobs has increased rapidly , if you have a problem of public finances, there is no justification to raise taxes when due course need to spend the resources they have , he said . He said it is time to give a boost to the economy because it would lead to a recession and referred to the economic estimates recently presented the International Monetary Fund (IMF ), who predicted 1.2 % growth , while some experts are already talking about 0.5 %. Lamb said the Mexican economy is slowing due to the lack of opportunity in public spending , paralysis in the construction and housing and international financial landscape . So , first you bring , that the public budget is already approved , because they are not spending , nor are investing with timeliness and transparency , as it is required , he said . The senator said that the proposed tax reform was the presidents economic team Enrique Peña Nieto , who seek to present themselves as saviors of the middle classes , however , described the initiative as a very regressive tax collection miscellany that aims to raise around 240,000 million pesos. He pointed out that one of the important points about the proposal is the accountability for that resource will be exercised . He explained that in recent years , the federal government made progress on accountability in budgetary issues and said that even the previous administration , public policy programs were evaluated and based on that decisions were made in terms of expenditure . We must try to standardize these accountability mechanisms , we are calling for a tax effort of 240,000 million pesos but it is unclear where they will spend those resources and how they will be transparent , he said . It would be more aggressive collection PAN Senator described as the Governments initiative aims to make the most aggressive fund and said that in the administration of Felipe Calderon raised additional 1.1 % and the current government wants to raise 1.4 % in one go , which would be an action aggressive , because they will snatch people and businesses to give to the government. Indicated that among the decisions that have to be considered on time execution is public spending , the recovery construction and housing sector , and the transparency of resources. He also referred to the issue of employment , which he described as alarming as reported in July 2012 76,000 jobs were generated monthly and a year later the figure is only 2,600 jobs. Who is who will generate these jobs if not allowed to be a change in the tax burden of the country ... I know of an expert who speaks well of reform and reform say it is a very aggressive and not the time of do it , he said . Considered that the boost to public spending can not reach this reform and said that the government is talking about debt , we are proposing to 2017 and are not explained when we pay when we pay that debt . I see the PAN support the reform Ernesto Cordero said both the Senate and the House of Representatives have opinions that reject the Executive proposal and stressed that national action is the only political party that has spoken on technical grounds . He said that during his hearing with legislators , the current Finance Minister Luis Videgaray referred to the technical data of PAN . If my arguments were not sufficient , the secretary had an army of officials who could refute he said. He felt that the presidents initiative is misconceived from the moment they are looking to tax discourages investment and job creation . PAN legislators we will discuss on the basis of technical issues , unfortunately PRI arithmetic slowdown is going down , so they will one to answer and face on it, he said. He maintained that usually does not see the PAN supporting a tax reform and warned that it is better that the government has a good reason to require these decisions but do not know why were going to give more money to a government that has spent what he has now . It was supposed to ( the PRI ) did not need a learning curve because we did not know we were the rule , he said . Lamb said the PAN will be in position and recommended technical issue observe what analysts say domestic and foreign , who have been skeptical about the proposal of Peña Nieto. The festive spirit of Mexicans disappeared at the beginning of 2012 as a result of which became known that the growth of the national economy will not be enough to create more formal employment , informal employment will increase , wages remain stagnant , which the price of basic goods and services continue to rise and the sum of all these negative factors acotarán our ability to access a better life . We also learned that some international factors including U.S. financial management and critical behavior of the economies of the European Union, could worsen the economic situation in Mexico , and that both the federal government and the political class have not implemented necessary measures to cushion the effects of a major crisis . Can you realize the mess that we are given every day in this country , now we can say that we are back to the old PRI , heck we do not know who to believe after all this information who would believe you? What it is certain is that we are destroying Mexico is , physically , morally and economically . harah Uhrinová
Posted on: Tue, 15 Oct 2013 14:50:34 +0000