Administrative Penalties and Fundamental Administrative Principles

Administrative Penalty Defined

What is meant by an administrative penalty? The Constitution's guarantees that apply in criminal cases are also applicable to administrative penalties, since the latter form part of the state's punitive powers. This applicability is justified by the need to guarantee citizens' fundamental rights and to prevent intolerable inequality between them. The administrative penalty is composed of the following elements:

• Imposed directly by an administrative agency;
• Is a punitive measure;
• Must be provided for by law;
• Applies to a person who has performed an illegal act, i.e., a behavior contrary to the law;
• In its application, due process must have been observed and the person must have been allowed to defend themselves.

Principle of Efficiency

Explain the principle of efficiency in the administrative procedure — it is the obligation of the administration to avoid delaying paperwork and to reduce processing times so that no undue delays occur. Efficiency corresponds to the principle established in the Organic Constitutional Law on the General Bases of the State Administration, which requires administrative authorities to avoid delaying proceedings. Authorities and officials should ensure the efficient and appropriate management of public resources and the proper fulfillment of public services. Administrative authorities should seek to simplify and accelerate procedures; administrative processes should be streamlined and expedited without unnecessary formalities beyond those laid down by law and regulation.

Principle of Legality

What is the principle of legality in administrative proceedings? The principle of legality means that public bodies must act in compliance with legal and constitutional norms. This principle was explicitly established early in our constitutional system and is now enshrined in Articles 6 and 7 of the Constitution. Article 6 enshrines the principle of constitutional primacy and the hierarchical system of norms, stating: "The organs of the state must submit their action to the Constitution and the rules promulgated pursuant thereto, and guarantee the institutional order of the Republic." Article 7 sets out the requirements for state bodies to act legitimately: the regular investiture of their members, acting within their jurisdiction and in the manner prescribed by law. It establishes that authority or rights can be attributed only if they are expressly conferred by the Constitution or laws, and it establishes the invalidity of acts contrary to public law.

Principle of Accountability

2. What is the principle of accountability in the administrative procedure? Accountability means the obligation to repair and satisfy, by oneself or by another person as required by law, the consequences generated by illegal conduct. Liability may be civil, criminal, administrative, or political. When we say that the State's activity is governed by the principle of responsibility, we refer in particular to civil liability.