Administrative Sanctioning Principles: Legal Framework
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Principles of Administrative Sanctioning Power
Article 25 of the Spanish Constitution establishes the fundamental right to legal sanction. Furthermore, the jurisprudence of the Constitutional Court clarifies the ius puniendi (punitive power) of the State.
Principle of Legality and Availability of Law
This principle requires that all administrative violations and penalties be contained in a regulation with the force of law. Consequently, infractions and sanctions must be established by law. This is essential as different regions may have specific sanctions. Regulations in the sanctioning field are subordinate to the law and cannot create new violations or penalties.
Principle of Typicity
Connected to legal certainty, this principle ensures that individuals can predict in advance whether a behavior is punishable. It requires an adequate and detailed description of the elements of the punishable conduct, prohibiting open clauses or vague rules.
Ne Bis in Idem Principle
This principle has two aspects:
- Material: Prohibits the duplication of sanctions for the same subject, fact, and legal basis.
- Formal: Bans the initiation of two simultaneous procedures. Criminal proceedings take precedence over administrative sanctioning procedures.
Principle of Responsibility and Guilt
This principle supports the liability of legal persons. It requires proof of intention or willingness to violate a rule, or at least the knowledge that the rule is being infringed.
Principle of Proportionality
This involves balancing the severity of the infringement with the penalty imposed. Key factors include:
- Intentionality of the violation.
- Damages caused.
- Nature of recidivism.
Extinction of Administrative Liability
Liability is extinguished by the death of the offender or the dissolution of the legal person. Prescription also extinguishes liability, distinct from the expiration of the administrative procedure. The periods are determined by applicable regulations:
- Very serious offenses: 3 years.
- Serious offenses: 2 years.
- Minor offenses: 6 months to 1 year.