Sistema financiero versus sistema de derechos fundamentales en el contexto de la crisisatención especial a la reforma del mercado financiero y la protección de los consumidores. Estudio comparativo España-Colombia

Abstract

This doctoral thesis is divided into six chapters. The first one, which has an introductory nature, intends to delimit the object of study: in particular, it introduces the specific objectives and their interest, not only from the perspective of the novel, dynamic and current nature of the topic addressed (in the context of the economic and financial crisis that we have been experiencing since 2008, aggravated or not recovered due to the Covid-19 pandemic), but also from the point of view of my personal, academic and professional motivations, without forgetting logically the justification of the methodology used according to the proposed objectives. Then, the second chapter goes into the financial system, which is located into the parameters of the fundamental rights system and linked to the constitutional principles of our State model (both in Colombia and in Spain) as a social and democratic State governed by the rule of law, and thus in the current crisis and post-crisis scenario. The third chapter analyses the evolution of the protection of consumers and users’ legal framework vis-à-vis the financial system, focusing on the consumer and user as holders or beneficiaries of fundamental rights. To this end, the main procedural and substantive rights at stake are analysed. This is followed by the fourth chapter, which focuses on the same evolution, but with a different and complementary approach, namely the consumer and user as an element of the economic-financial system, in the light of the national and international legal system and, in this way, in coherence with the idea of multi-level protection of rights that permeates the doctoral thesis as a whole. In a similar vein, the fifth chapter deals with the difficult reconciliation between financial interests on the one hand and, on the other hand, the satisfaction of other rights and freedoms, thus focusing on the various dimensions (civic-political and social) of the individual and his or her dignity. Thus, there is an approach, among others, to the labour market as well as the mortgage market in terms of both social justice and tax justice. Finally, the sixth chapter includes the relevant conclusions and final proposals, aimed at a conciliatory reform of the financial interests and the consumers and users’ interests from the fundamental rights perspective. Indeed, the impact of the new information and communication technologies on the financial system as well as on the fundamental rights system is weighed up and, above all, the challenge of both a human rights culture and a financial culture is advocated.