Omnia Journal

Editorial

Victor F. Toledo — Tue, 31 Mar 2026 00:00:00 -0300

La Facilitation as a participatory method of managing socio-environmental conflicts

Darío Arias, María Gabriela Farah, Elizabeth Safar, Rosa Inés Torres Fernández — Tue, 31 Mar 2026 00:00:00 -0300

This paper presents the results of a research project that sought to implement, in practice, the method of managing socio-environmental conflicts that had been identified —in a previous work— as the most appropriate for this type of situations: facilitation (also called “facilitated dialogue”). Throughout the process, and despite having deployed enormous efforts, we discovered a series of elements that ended up conditioning the possibility of carrying it out as planned. The opportunity was then taken to identify, describe and present those elements that we consider necessary to advance the implementation —in the field— of this type of methodology. Facilitation is a species within the “mediation” genre of a collective or multi-party type, in which those involved choose an acceptable mediator to approach, facilitate and guide in the design of a process and to reach an agreement on mutually acceptable solutions. Due to the widespread local unfamiliarity of this participatory mechanism for conflict management, there is skepticism and mistrust regarding proposals of this nature. The methodology of this research is the case study, while the research approach is descriptive-qualitative.

Alert in the European Union: Tensions between the Union and its member States over ensuring the judicial independence of all European judges.

Hernán Alejandro Zuazo, Roberto Daniel Rossi — Tue, 31 Mar 2026 00:00:00 -0300

In a world that is increasingly turning its back on the rule of law, this study aims to highlight the role of law as an essential instrument that, when interpreted and applied by an independent judiciary comprised of all European judges, can ease tensions and provide an institutional framework for the conflicts arising, in this case, within the heterogeneous context of the European Union.

Thus, for this to become a reality, each State, upon joining the European Union, commits to ceding part of its sovereignty to respect the values established in the Treaty on European Union, among them, fundamentally, respect for the rule of law.

We will also analyze the appearance test to establish the limits, with regard to local laws, in the application of the principle of judicial independence.

Finally, we will emphasize the case of the Republic of Poland as an archetypal example of the tensions arising from this conflict.

In conclusion, it is vital that all member states of the Union respect a general idea of judicial independence in order to ensure effective judicial protection.

La The Persona Ficta: From Medieval Origins to Projections in Western Legal Tradition

Helga María Lell — Tue, 31 Mar 2026 00:00:00 -0300

This essay focuses on the concept of the persona ficta as a construct that emerged in the Middle Ages, although with antecedents in Roman law, and which allowed legal personality to be attributed to collective entities such as the Church, universities, and municipalities. It is, thus, the antecedent of today’s legal entities. It takes a historical journey from Antiquity, continues with its consolidation in medieval canon law, and projects itself into the Modern Age with the absolutist State as a new subject of law. It then mentions the debates in the context of the codification processes in the 18th and 19th centuries. In contemporary times, this concept has been extended to corporations and international organizations, and more recently, it has been key to the question of the analogy applicable to non‑human entities such as rivers, ecosystems, animals, and even artificial intelligence.

Consumer and user rights: Overview and perspectives from the local constitutions

Franco Raschetti — Tue, 31 Mar 2026 00:00:00 -0300

This article conducts a comparative study of all local (provincial) constitutions to analyze how each has recognized, and where applicable, to what extent, the rights of consumers and users. Based on this overview, the aim is to identify common aspects and trends among these legal systems and, ultimately, propose recommendations on how a constitutional clause suitable for protection could be drafted. It is concluded that this will require a general list of rights along with a mandate to the authorities, all of which will address ancillary issues such as regulations regarding judicial actions and municipal autonomy.

Towards a Comprehensive Justice in Gender-Based Violence: Public Prosecution as a State Duty and Victim Autonomy as the Central Axis?

Florencia Ungra — Tue, 31 Mar 2026 00:00:00 -0300

This article explores the possibility of considering public prosecution as the most effective criminal model for addressing gender-based violence, particularly in cases involving aggravated minor injuries. It argues that a legal reform may not be necessary; rather, an appropriate coordination of existing procedural tools would suffice to protect victims, ensure their autonomy, and allow investigations to proceed even without their testimony. These should guarantee a coordinated, sustainable, and transformative response to gender-based violence.

El Procedural Law 31 Years After the Reform of the Argentine National Constitution

Alan Kreimerman — Tue, 31 Mar 2026 00:00:00 -0300

This paper analyses the evolution of Argentine procedural law three decades after the 1994 constitutional reform, focusing on its impact on the judicial process and the incorporation of supranational norms. It highlights how the hierarchization of human rights treaties modified the procedural paradigm, requiring judges to control conventionality and greater protection of fundamental guarantees. Through a critical approach, it identifies regulatory advances and pending challenges in Argentine judicial practice. The paper concludes by emphasizing the need to strengthen the Argentine procedural system through technological tools, clear language, and alternative resolution mechanisms to consolidate a justice system that is accessible, agile, and respectful of the current constitutional framework.