The administrative sanctioning procedure: concept, phases and other characterist

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The Public Administration is empowered by the legal system in relation to certain powers to fulfill and satisfy the general interest, thus allowing it to influence the sphere of those administered. These legal faculties or powers are called “ administrative powers ”, which are granted for specific purposes and their exercise is subject to the principle of legality, as well as linked to the satisfaction of the general interest. Within the administrative powers assigned to the Public Administration, we find the sanctioning power as a public power to sanction those administered who have committed an administrative infraction. Thus, the administrative sanctioning procedure is a set of essential acts that are strictly regulated, by virtue of which, the Public Administration can exercise its sanctioning power. In addition, it serves as a guarantee of the rights of the infringing party, such as that of defense, given that during the course of the violation, the latter may formulate allegations or even present whatever evidence he deems appropriate.

Through the administrative sanctioning procedure , which culminates with the corresponding resolution, a tax (in general terms, of an economic nature) is imposed on the Cell Phone Number List administrator who has infringed the legal system through the deprivation of an asset or right. It usually results in the imposition of a fine. Like the imposition of penalties by the criminal jurisdiction, the power to sanction is one more manifestation of the right to punish held by the State ( ius puniendi ), included in article of the Spanish Constitution (hereinafter, “CE”). ). II. Regulation In order to determine the legal framework of the sanctioning power of the Public Administration, not only article of the EC must be mentioned, but also Chapter III of Law /, of October , on the Legal Regime of the Public Sector ( hereinafter, “LRJSP”) which includes the principles that must govern the exercise of this power by the Public Administration. These principles are: legality, non-retroactivity, typicality, responsibility, proportionality, prescription and non bis in idem .



However, now we are going to focus on the legal regime, principles, and guarantees that pertain to the administrative procedure in which said sanctioning power is materialized through the set of procedures and actions, legally established: the administrative sanctioning procedure . This type of procedures presents a duality between the operation and effectiveness of administrative power and the protection of the rights of those administered against the actions of the Public Administration. The procedure to follow is regulated in Law /, of October , on the Common Administrative Procedure of Public Administrations, (hereinafter, “LPACAP”). However, said regulatory text does not specifically contemplate the administrative sanctioning procedure , but as it regulates the common administrative procedure, it specifies the particularities related to it. III. Procedure requirement As expressly established in articles of the LRJSP and of the LPACAP, the exercise of the sanctioning power of the Public Administration is subject, not only to the principle of legality, but also to the monitoring of the established procedure, thus excluding the possibility of impose sanctions without having preceded the corresponding administrative procedure.