BEGINNING AND HORIZON OF TWO THOUSAND ELEVEN
(Strength of smoking and other matters)
I am very happy with the way I started in 2011 . It was not pleasant, but I had the pleasant sensation that began with an act aunaba consistency and usefulness. This morning empty January 1, 2011, I dialed the 902 number Notary guard. " This is the service directly Notary Malaparte District, available holidays. The number from the caller has been registered and the operator. If you call by call, disturbing or mere curiosity, hang up immediately or be punished with fine from 5 to 500 euros. If you call for any reason or cause serious, dial 1 . " I have done and then pressing different keys for the tenth time I have come to this point: "if you want to change your will, dial pad." I have marked pad: "if you want to delete a provision in his will, press 1. If you want to add a provision to your will, press 2 " . I marked 2. "This communication -I heard once," be recorded from now. If you accept the recording press 1. Otherwise, hang up immediately " I scored 1. "Say the name which appears in the registry office. Then, dial pad and type in the numbers of their National Identity. " complete these instructions, I heard the following words: " Briefly state the testamentary disposition to add. Has a maximum of three minutes, will be charged to your account " . Then I said: "In the unlikely event of my death because of illness, send my executor to sue the Government of Spain, before the eventual acceptance of my heritage, claiming the amount of 600,000 euros in moral damages to my heirs and under the constitutional and legal provisions that establish the liability of States for normal or abnormal operation of the service, since the state took over completely to safeguard my health, with bans of any kind designed to preserve it. The amount of compensation, add and distribute the assets left under the testamentary instructions. "
Ugh I managed to say all this before they passed over three minutes (it was written and tested). And do not think that is not serious about "the constitutional and legal." It happens that the appointment was very long, but here they are: Article 106.2 of the English Constitution officially in effect, " Individuals, on the terms established by law, shall be entitled to compensation for any harm they suffer in any of their property and rights except in cases of force majeure, whenever such harm is the result of the operation of public services . " The "terms established by law" are those of the arts. 139 et seq Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure Art. 139 of this Act (see I had to abbreviate) said: " 1. Individuals are entitled to be indemnified by the government for all injuries they may suffer in any of its property and rights except in cases of force majeure, whenever such harm is the result of normal or abnormal functioning of public services . 'The Para. 2 of the same provision requires to be "effective , economic evaluations and individual in relation to a person or group of persons " what applies to my case, because, well, hundreds of Supreme Court decisions support the COMPENSATION for moral damages.
So I was very pleased at this beginning of 2011. Change and my will was the least I could do as the English government has understood that, for the benefit of my health, I can not smoke or even with other smokers, smoking in bars, restaurants, smoking, enclosed space for smokers, etc. It is clear that a ban does not respond to reason not to damage or disturb others, but to have assumed the state, distrust of myself, my health care, forbidding take risks to a precious good, that much-discussed precisely at this time. It matters little that the State has failed to prohibit the intake of food that is sure or very likely, be detrimental to the health of those who are fed, given the state of your arteries, irritability of the colon or cholesterol or glucose blood. Despite this and other possible omissions, prohibitions aimed at preventing mental health risks, for example, undoubtedly the principle of trust in individual responsibility for one's health has been replaced by state responsibility for health of each and every one of the individuals . So if I die by disease, the State is responsible . Then you pay. And as the state law is, to pay, namely the State Administration.
Have I been in the amount of compensation? I think not, my heirs consulted in advance about the damage which will result in my death, they all seemed reasonable to assess how less than one hundred million pesetas. It's true enough that I want good people. But that is what the Supreme Court, by the way of moral damages, called, with great erudition, " praetium doloris ." And who I am correcting the amount of money the pain of my heirs, set by themselves? And the Administration will not enforce the law and the Administrative Courts to interpret, as is, according to the "pro Administration" and giving in to the Administration. But I will not live to get upset or desperate.
SMOKING: NO SURRENDER!
Meanwhile, modestly called heavy smokers to act in this and other ways that they can occur. Nothing to surrender. We will make a grand parade of Pride smoking, closed to traffic for one day, the center of every city.
Moreover, we can prepare ourselves to see how close all bars and restaurants and how the new offenses of yet another reform (Law 5 / 2010 of June 22, already in force) the "Criminal Code Democracy ", the one who endowed in 1995 by order of the long-awaited legal and democratic stability to English society, discourage entrepreneurship, providing even be legal persons who commit crimes (which I will never understand how much I explain it ... who does not understand). Those who a spirit feel strong and have a digestive system shielded with omeprazole and want to know more, give yourself a tour of the new Penal Code, referring, by way of example, the innovations that will find through these links: http: / / noticias.juridicas.com/base_datos/Penal/lo10-1995.l1t2.html ( criminal liability of legal persons); http://noticias.juridicas.com/base_datos/ Penal/lo10-1995.l2t16.html (urban and environmental crimes in very broad sense) or http://noticias.juridicas.com/base_datos/Penal/lo10-1995.l2t13.html # a286b (various).
not want to be ominous. But it is not to say anything stupid thing about this new year 2011. absence of euros, or virtual hard cash or in the public coffers, what is expected of State (including Self-Government and Municipalities , Councils, Associations, Councils, etc.) are paramount, both in the best . First : trying to extract as much money as they can through taxes, fees, penalties (fines more!) And rates of those they call "controlled", ie we pay twice: one direct and one indirect. Second : legislate and regulate. This is a state activity, not dirt cheap, but at zero cost, since they already have effective human to invent, write, write and publish (in electronic Official Bulletins) laws and regulations of all kinds and on any subject. At the same time, new laws and regulations allow us to establish new economic sanctions and the need for further approvals and licenses, which are never free. That is, what to expect -repeat: in the best- is that the state and much of his servants engaged in the cycle continuous revenue-raising law- and back again, as the perpetual motion machine . This perpetuum mobile will not have anything to do with that of Johann Strauss (listen, precisely at the time of the traditional Viennese concert, the version of the Wiener Philharmoniher, directed by Herbert Von Karajan, through this link: http:/ / www.youtube.com/watch?v=b-2j_27FeH0 ), a musical toy inspired and kind. Will be rather like a jackhammer, which has nothing nice.
I have written two times "in the best." Because the truth is that falling demand and output and rising unemployment, which is an already tough in itself, is accompanied by the tremendous debt of himself "Kingdom of Spain." And this "bubble", if it comes, no one seems to know, or by proxy, which may be ahead. But it would, without doubt, a great catastrophe.
But after all, be optimistic and assume that you avoid disaster. So the political class, happy and peaceful in his great microcosm of privilege nomenklatura, regular follow suit, the only known: raise, legislate and regulate and back to raise und so geht's immer weiter!, used to say in unison as the musicians of the Wiener Philharmoniker at the end of Strauss Perpetuum Mobile: and thus always same again. But I hope that, finally, in the new year 2011 this will happen, at least, begin to develop the "Comprehensive Correction Code" or "Integral Correction Code" (and prefer) (correcting cultural, linguistic, political, etc.), so that we, at once, what you can, not thinking, but at least say, no one would lynch, fined him or take him to criminal prosecution. Since freedom of opinion and expression have been so curtailed that, in fact, exist, we deliver, in exchange, some legal certainty.
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