A fine is always bad news.
There are many behaviors that can produce what is normally known as a fine., from running a red light while driving, not complying with health regulations in a restaurant or throwing out rubbish outside of permitted hours.
All these facts have in common the administrative sanctioning resolution, for which the fine becomes effective.
In this article we will explain what this sanctioning resolution is.
What is a sanctioning resolution?
In the field of Spanish administrative law, a sanctioning resolution is a administrative act by which a competent authority imposes a sanction on a person who has engaged in conduct contrary to current regulations.
Sanctioning resolutions are fundamental instruments in the exercise of the punitive power of the State (that is, the power of the State to punish its citizens when they act contrary to current regulations), since They allow guaranteeing compliance with laws and regulations, as well as preserving public order and social coexistence..
These resolutions can be issued by various administrative authorities, depending on the scope of the infraction and the applicable regulations.
It is important to highlight that, for a sanctioning resolution to be valid, it must meet a series of requirements and follow a procedure established by law.
Requirements of the sanctioning resolution
Legal basis
The sanctioning resolution must be duly based on current regulations which establishes punishable conduct and applicable sanctions.
Motivation
administrative authority must set out the reasons of fact and law which justify the imposition of the sanction, in a clear and precise manner.
Notification
The sanctioning resolution must be notified to the affected person or entity, so that the latter is aware of the alleged facts and the sanction imposed.
Right of defense
Must be guarantee the right of the sanctioned person to present allegations and evidence in his or her defense, as well as to appeal the decision before the competent judicial bodies.
Proportionality
The sanction imposed It must be proportional to the seriousness of the infringement and the circumstances of the specific case., always avoiding the imposition of excessive or disproportionate sanctions.
It is important to highlight that sanctioning resolutions can be subject to resource before the competent judicial bodies, which ensures the protection of the rights of the affected persons and the control of the legality of administrative actions.
Can I appeal a sanctioning resolution?
Sanctioning resolutions may be appealed before the competent judicial bodies.
In the field of Spanish administrative law, there is the possibility of filing administrative appeals before the same Administration that issued the sanctioning resolution, such as, for example, the appeal or the appeal for reconsideration, depending on the specific regulations of each case.
Furthermore, if the affected person considers that their fundamental rights have been violated or that the sanctioning resolution is contrary to the law, they can also appeal to the courts of law through a Sponsored links, administrative route exhausted.
In this case, the courts will review the legality of the administrative action and may annul, confirm or modify the sanctioning resolution based on the arguments presented by the parties.
It is important to highlight that the deadlines and procedures for filing appeals may vary depending on the applicable regulations and that it is essential to have the advice of a legal professional to determine the most appropriate feasibility and strategy in each case.
Administrative sanctioning law
Administrative sanctioning law is the branch of law that always regulates the exercise of the punitive power of the State in relation to illicit conduct that affects the general interest.
This discipline is responsible for establish the rules and procedures for the imposition of sanctions by the Administration, as well as guaranteeing the fundamental rights of citizens in the sanctioning process.
One of the main characteristics of administrative sanctioning law is its preventive and restorative character, since it seeks to prevent the commission of infractions and restore the legal order disturbed by illicit conduct.
To this end, sanctions are established that may consist of financial fines, the suspension of licenses or authorizations, the closure of establishments, among other measures.
Difference with criminal law
It is important to differentiate administrative sanctioning law from criminal law, since both disciplines seek to punish citizens who act against the law.
Despite this similarity, we can see very important differences:
Firstly, administrative sanctioning law applies to infractions of an administrative nature.
That is, those that affect compliance with the rules and regulations established by the Public Administration.
On the contrary, criminal law applies to criminal conduct that attacks legal rights protected by the Criminal Code, such as life, physical integrity, your property, among others.
This implies that fines (again, administrative sanctions) can be established by regulations, that is, rules approved by the public administration itself (the executive branch).
Crimes and their penalties, on the other hand, They can only be established by an Organic Law that modifies the Penal Code that it be approved by an absolute majority in the Cortes Generales (the legislative power).
Secondly, in administrative sanctioning law the competent authority to impose sanctions is the Public Administration.
While In criminal law this function corresponds to the courts of justice..
Furthermore, in the criminal field, broader procedural guarantees are applied, such as the presumption of innocence, the right to defense and the principle of criminal legality, which do not have to occur in administrative sanctioning law.
Finally, the consequences of violations in administrative law are usually economic or administrative in nature, while in criminal law they can lead to custodial sentences, such as prison, or security measures, such as disqualification.
Conclusions on What is a sanctioning resolution?
A sanctioning resolution in the field of Spanish administrative law It is an act by which a competent authority imposes a sanction on a person who has infringed current regulations.
For this resolution to be valid, It must comply with requirements such as legal basis, motivation, notification, right of defense and proportionality of the sanction.
Administrative sanctioning law regulates the exercise of the punitive power of the State in relation to illicit conduct that affects the general interest, establishing rules and procedures for the imposition of sanctions and guaranteeing the fundamental rights of citizens.
It is important to differentiate administrative sanctioning law from criminal law, since while the former applies to administrative infractions, the latter applies to criminal conduct classified in the Penal Code.
Furthermore, the competent authorities and procedural guarantees differ between both branches of law, as do the consequences of violations, which can vary from financial sanctions to custodial sentences.
RRYP Global, lawyers specializing in Administrative Law.
