Philosophy

 
 

 

 

Huge changes have happened in the Spanish society over the last 25 years, such as the promulgation of the Constitution now and a whole set of new laws Nowadays, legislative activity is incessant and lawyers must adapt to the constant modification of regulations. “As company assessors, like barristers, we have to retrain ourselves continuously to assimilate the legislative changes and apply them accordingly. But it is not only that. At these times, the impact of new technologies is huge and they are modifying our way of life. Society is changing very quickly as a result of these technological changes. Evolution is directing us to a globalisation in many fields which involves a series of permanent and accelerated innovations. The legal system is being modernised and the professionals of this sector have to assimilate the new situation if we want to give a good service to our clients.” And this technological revolution has a global effect, effects which often require legal participation. “The problem is that facing the consequences which arise from new technology application, there is a serious lack of legal regulation; in fact, it hardly exists. Society is always regulated subsequently as historically, it could not do so in any other way. Sometimes, there are no solutions because it has not noticed. The legal regulation is a result of human creation and it addresses a certain social and economic problem. All legislative activity is the response to a social situation previously experienced. Now, we find ourselves facing a reality which demands fast legal solutions to the new circumstances generated by the technological world. These last points lead us to speak about economic globalisation. It is an effect caused by the impact of new technologies on our society. Trade requires that there are fewer obstacles as time goes on, the world is more interconnected and basically, it is smaller. This generates globalising movements of the economy. It is not easy to establish whether these changes are positive or negative. It is necessary to see what use is made of these new technological resources, whether there is abuse…Political and legal measures should be made to ensure a fair redistribution of worldly wealth.” In this sense, the globalising process reaches the legal field and the European Union tries to unify laws for all of its member states. “It is important to make this line a priority as economic, social, etc. relations go further than the state borders. International and community law are a necessity. Well, I see it as a long-term process because all legislation is an expression of state sovereignty, and all states want to maintain their sovereignty. Ultimately, the EU members are convinced that there will a real and total unification in the future, but at the moment there is no firm agreement that this is imminent. It is necessary to work on it so that in the future, it becomes reality. The law is essential for society. It is not static. Society evolves, and with it, so do regulations. A new practice has been bet on in the legal sector in the last few years, arbitration: “It allows the two opposing parties to decide who has to resolve the case. They evaluate the most suitable and capable person to manage the dispute according to their characteristics, speciality or experience. This does not happen in court. Well, even though the arbitrator has authority, this does not mean powers. That means that they can decide but do not have the power to implement their decision. I have participated in arbitrations and have seen how they work. They are extremely satisfactory. The arbitrator acts with great dedication and professionalism and resolves the case quickly. Manuel Pérez stresses the role of the media in the legal field. “Sometimes they act as judges and decide who the guilty party is from groundless assumptions. Those responsible should not allow the broadcasting of this type of information. They often carry out a preliminary and no- guarantee parallel trial. It is necessary to be precise when giving information. To inform is a right, but it must be done correctly. This lawyer expresses with conviction, rigour and precision. He carries around a lot of experience which go with his points of view and he reflects the professionalism which is developed daily from his Law office in Barcelona.