Lawyers specialising in disciplinary proceedings
Concept of penalty proceedings or disciplinary case
Administrative sanctioning law is the repressive or punitive system that the legal system entrusts to the public administration.
It follows from the above that the administrative sanction is the fine imposed on the citizen by a public administration for the commission of an administrative offence, which, by constitutional provision, cannot consist, either directly or subsidiarily, of deprivation of liberty.
The imposition of the corresponding sanction on the offender shall be carried out by means of the administrative procedure established for this purpose.
Our team of lawyers, experts in administrative sanctions, defend with full solvency all types of proceedings of this nature.
Regulation
The sanctioning procedure is regulated in Title IV of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations (LPAC), which regulates the bases of the procedure for the exercise of the sanctioning power.
Likewise, the above is consistent with the provisions of Chapter III of the Preliminary Title of Law 40/2015, of 1 October, on the Legal Regime of the Public Sector (LRJSP), which establishes the principles of the power to impose penalties (the principle of legality, non-retroactivity, typicality, responsibility, proportionality, prescription and the principle of security and legal certainty which states that no one can be judged twice for the same facts (ne bis in idem).
Defence proceedings against a penalty procedure
More and more frequently, the different Public Administrations, within the scope of their competences, deploy their police powers and initiate sanctioning procedures against third parties who have allegedly incurred in administrative infringements.
In such cases, our lawyers specialised in administrative sanctions, carry out the appropriate defence throughout the proceedings, that is to say, both in the phase of allegations against the agreement to initiate or initiate the sanctioning process, as well as on the occasion of the proposed sanctioning resolution.
Finally, it is necessary to lodge the appropriate administrative appeal against the sanctioning decision. Consequently, if the decision of the appeal is rejected, it is possible to appeal to the Courts of Justice (administrative litigation courts).
Subjects in which a sanctioning procedure may take place
The areas in which the different administrations can impose sanctioning proceedings are very broad and, by way of example, and among many others, it is worth highlighting the following:
- Sanctioning in urban and land-use planning matters.
- Water sanctions.
- Sanctioners in mines.
- Environmental sanctioning.
- Sanctioning in aeronautical matters.
- Sanctioning in the agri-food sector.
- Consumer sanctions.
- Sanctioners in data protection.
- Sanctioning in energy.
- Sanctioning in telecommunications.
- Sanctioning in the pharmaceutical sector.
- Penalties in tobacco companies.
- Traffic sanctioning.
- Transport penalties.
- Sanctioning (disciplinary proceedings) against civil servants or employees in the service of the Public Administration.
What do we deal with as lawyers specialising in disciplinary proceedings?
Our Lawyers in Administrative Sanctioning Law regularly file claims and challenges in all types of sanctioning procedures, whatever their scope of action (state, regional or local), either through administrative channels or before the Administrative Litigation (Contencioso-Administrativo) Jurisdiction.
Contacto
- Rellenando el siguiente formulario
- Llamando al 919 017 030
- Ó escribiendo a info@administrativando.es
