Elena Martinez began his research studying ways of conflict resolution such as arbitration and mediation, issues still simultaneously with other objects of study whose focus has somehow usefulness and social commitment. He realized that from the perspective of procedural law could bring a lot to those who start from a position of weakness, particularly consumers, battered women and the person in a criminal investigation. The European Parliament is just now concentrating its efforts on expanding the protection of these three groups from national to community. Professor Martinez collaborates with researchers from across the EU to help with their studies pave the way to the judges in the implementation of the new border control and, ultimately, better protect the rights of European citizens.
How the EU works to expand consumer protection?
In Regular European collective actions. It is a breakthrough for the protection of the rights of consumers to deal with multinational or litigate against a person or company in another country abuser, for example. In Spain we have recently witnessed the power of collective action, it is the litigation against certain banks for ground clause included in some mortgages. Thanks to the work of consumer associations condemn achieved these banks and have had to eliminate the unfair term. In cases like these, individually do not usually take legal action by the cost and effort involved, but together hundreds or thousands of consumers have a lot of strength. So far the collective actions have been restricted to the national territory, the aim with the new European legislation that is emerging is to offer the possibility of integrating other European citizens affected by abuse.
How will that action at European level?
Under Norwegian research network NOS (Joint Committee for Nordic Research Councils for the Humanities and the Social Sciences) have discussed how the collective actions are regulated by the EU and the position of Spain in the new EU legal framework. In brief public agencies send a collective work with the results of all countries surveyed to take this into consideration. The action would be initiated when the consumer and user associations have news that a significant number of European citizens has been affected by fraud, for example, an illegal advertising of a large telephone company. A Spanish association would lead the demand and communicate to their counterparts in the rest of Europe to add to all the other people who have suffered abuse. The goal is to litigate together to withdraw the advertising campaign so that contracts are resolved and finally, to provide compensation to the affected.
Another of their lines of work are the acts of transnational research, what are they?
The acts of investigation in criminal proceedings are, for instance, an entry and registration of a flat or a puncture of telephone communications made by the judge or the police. In about six months adopt a Directive - European Investigation Order call-by which a judge in Germany will be able to ask a judge to conduct a sting Spanish phone for you. That is, will a European instrument for which there is mutual recognition of decisions and the order will be as effective as if it came from another Spanish judge. It is an essential tool in the fight against transnational organized crime such as trafficking in women, organs, drugs or Internet crimes where police found many borders to act, unlike the criminal. It will be difficult to implement but it is a much-needed directive.
What R & D involved in this field?
Precisely just completed a six months at the University of Munich thanks to a grant from the Alexander von Humboldt Foundation to investigate transnational aspects of law in the EU test. The work consisted of a comparative study of investigative acts made under German law and Spanish to check the degree of compatibility between the two in order to guess what will happen when the cited directive is approved. It is essential to know how the different systems to be valid evidence from the other country and a guilty person always goes unpunished by the path of legality and respect for fundamental rights.
It looks like a big step. Is it possible to implement the directive given the differences between countries?
It's a big challenge but I think it is feasible. It is true that there remains a lot of work ahead because many studies are needed in this direction, aimed at meeting our neighboring jurisdictions, but that said, there is a lot of goodwill among member states and judges, although it is true that some countries are more interested than others. Then there are organizations in Europe responsible for informing the judges of two countries who want to work. The basic problem is the lack of trust between States and this will be essential to ensure effective collaboration. To combat the problems we need more Europe which translates into more confidence and greater transfer of sovereignty.
Addressing now another of his areas of research, gender violence, what will bring the European Protection Order of victims?
It is understood a real case: A Spanish student will just go to Sweden to Erasmus but feel helpless because there does not serve the protection order against her abuser. With the transposition of the European Protection Order to national legislation, this will not happen because the document shall apply throughout the EU and the judges of that country will have to provide the means to protect it. At this time led a project of the Ministry of Economy and Competitiveness about this instrument. We will post questions from the different areas of procedural law, administrative and police, judges and magistrates in Spain, Sweden, Germany, Poland, Italy, France and the UK. The goal is to obtain a list of problems and possible solutions that would occur between states when they receive an order of protection from another country. In the month of May will discuss the findings at an international conference in collaboration with the General Council of the Judiciary and the Bar Association of Valencia and publish a white paper. We are ahead in this way lawmakers have until early 2015 to adapt their national legislation.
The European Protection Order, on the other hand, will force developing legislation on gender violence to those States which have not yet. When entering a binding instrument via European countries still deny the existence of abuse against women in its territory will have to regulate it and that will give way to the possibility of reporting and the preparation of statistics. It is the only way to standardize the situation in the EU, as far as possible, taking into account our differences.
What is the status of Spain with regard to the Implementation of the Law of Integral Protection Measures against Gender Violence, adopted in 2004?
Spain has been championed on the issue of the protection of women who have suffered violence from their partner. Many countries have been asked to count how we did it, even the UK has incorporated certain aspects of its law. Our bill was passed unanimously in Parliament - which is unusual - he declared for the first time that domestic violence was a matter of the public sphere, and put an incredible amount of resources available to law enforcers. Unfortunately, found great reluctance on the road, even by some judges somehow argue that the law favors women too and that gender should not be in the criminal code, without observing that what has been entered is the principle of equality.
Moreover, at the present time has been cut in prevention programs and the courts have less personal material and to address these problems. Due to the economic crisis, the victims are afraid to stay in the street and down the number of complaints. This is compounded by the Court Fees Act which violates the principle of equality.
What aspects of studies of gender violence?
As a member of MEDARB of the University of Valencia, participated in the project led by Silvia Barona on arbitration and mediation essential parts in the model of Justice in the twenty-first century where I analyze mediation in criminal proceedings specifically on gender violence. Mediation is a negotiation between equal parties, with the assistance of a third party, resolve the conflict and reach a solution acceptable to both without having to go to court. The problem is that gender violence and inequality we assume is why mediation is prohibited. However, certain voices are emerging who think that eventually, once internalized the idea of equality in our society, are able to distinguish between victims because some other will be able to sit down and negotiate because the first blow denounced. Negotiation is not to reconcile but to reestablish their lives peacefully.
Legal protection against gender violence my research is more extensive. I have led several research projects and for my work I received the IDEA Award Foundation City of Arts and Sciences of the Generalitat Valenciana. In the framework of this study I address the multidisciplinary Center Gender Violence and the Master's Degree in Law and Gender Violence . This is a specialized course aimed at all enforcers to an act of violence: police, judges and lawyers. Proper training is essential because, although this crime is seemingly simple - we know who and who mistreats the reasons - it is actually extremely difficult to resolve by the bond between victim and abuser. We work with courts, with Picassent Penitentiary and the Family Meeting Point we have signed agreements with institutions involved as the General Council of the Judiciary, the Bar Association of Valencia and now with the local police.
Do you study the effects of the performance of the news media to gender violence?
In the research group there are two people dedicated to studying the role of media in raising awareness and prevent gender violence because if not given good news, can lead to a proliferation of cases because those people seeking prominence, social support. Currently there are two opposing views, those in favor and those against media regulation. From our point of view we believe that you should create a protocol to avoid creating public alarm, discuss this with rigor and not victimize the victim. As in the case of suicides, avoid creating a pull effect. In fact, in a study conducted by our group, we note that there are many possibilities of a repeat of the modus operandi of a crime of domestic violence published in press. We need regulation and a commitment by the media
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