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THE ADMINISTRATIVE SANCTIONING PROCEDURE: GUARANTEES AND FUNDAMENTAL PRINCIPLES

Por Diego Ricardo Molinari Chiarappa / 21 de noviembre de 2024

📎 MCHM Lawyers - Lawyers - Administrative Law
🔗 https://www.mchmabogados.es/idiomas/en/abogados-derecho-administrativo-almeria
⚖️ Lawyers in Almería
📞 950 106 453 / 674 21 65 59
📧 info@mchmabogados.es

👉 The Administrative Sanctioning Procedure: Guarantees and Fundamental Principles
💡 The Administrative Sanctioning Procedure.
💬 The administrative sanctioning procedure is a fundamental mechanism in administrative law, aimed at guaranteeing compliance with the rules and the imposition of sanctions on those who violate them. This procedure is governed by a series of principles and stages that ensure legality, transparency, and fairness in the actions of public administration. ✍️
Guiding Principles
Legality: All actions must be based on the law. The administration cannot impose sanctions without a prior rule establishing them.
Proportionality: Sanctions must be proportional to the seriousness of the offense committed.
Presumption of Innocence: The alleged offender is presumed innocent until proven guilty.
Right to Defense: The offender has the right to be informed of the facts imputed to him and to present allegations and evidence in his defense.
Impartiality: The officials involved in the procedure must act with impartiality and objectivity.
Phases of the Procedure
Initiation: The procedure can be initiated ex officio or at the request of a party. In this phase, the alleged offender is notified of the opening of the procedure and the facts imputed to him.
Investigation: Evidence is gathered and the necessary steps are taken to clarify the facts. The offender may submit allegations and evidence in his defense.
Draft Resolution: Once the investigation is concluded, a draft resolution is drawn up and notified to the offender, who may submit additional allegations.
Resolution: The competent authority issues the final resolution, which may be sanctioning or absolutory. This resolution must be duly motivated.
Notification: The resolution is notified to the offender, who may lodge the appropriate administrative or judicial appeals.
Appeals and Guarantees
The offender has the right to lodge administrative appeals, such as the appeal for reconsideration or the appeal for reversal, and, ultimately, may resort to the contentious-administrative judicial route. In addition, throughout the procedure, procedural guarantees must be respected, such as the right to be heard, access to the file and legal assistance.
Conclusion
The administrative sanctioning procedure is an essential tool for maintaining legal order and protecting public interests. Its correct application ensures that sanctions are fair and equitable, respecting the rights of citizens and guaranteeing the legality of administrative actions.
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⚖️ Welcome to the Online Administrative Law process offered by MCHM Abogados. Through our online platform, we offer you the convenience of completing the entire process from the comfort of your home, without the need to visit our office or the courts (Except for mandatory procedures). Below, we will guide you through each step of the process:
Access to your Personal Account: Once you access our website https://www.mchmabogados.es/inicio-sesion-mchmabogados-almeria [Administrative], you can create a personal account or log in if you already have an existing account. From your personal account, you will have access to all the necessary tools to complete the Administrative Law process.
Uploading Documents: From your personal account, you can upload all the necessary documents to start the Administrative Law process. This includes all the evidentiary documentation that needs to be submitted to any body of the Public Administration, whether administratively or judicially; as well as any other documentation relevant to your case.
Receipt of Notifications and Requirements: Once you have uploaded your documents, you will receive notifications and requirements through your personal account on our online platform. These notifications will include information about the status of your case, any action required on your part, and any important communication related to your Administrative Law process.
Process Monitoring: From your personal account, you can track the progress of your case in real time. This includes information about hearings, court rulings, and any other relevant updates.
Communication with your Lawyer: Through our online platform, you will have the ability to communicate directly with your assigned lawyer. You can make inquiries, ask questions, and receive personalized legal advice at any time during the process.
Receipt of Judgment: Once the process is complete, you will receive the final judgment through your personal account on our online platform. This judgment will include any decision made by the court in relation to your Administrative Law case.
In summary, our Online Administrative Law process offers you the convenience and flexibility of completing the entire process from the comfort of your home, without the need to visit our office or the courts (Except for mandatory procedures). With access to your personal account on our online platform, you can upload documents, receive notifications, communicate with your lawyer, and track the progress of your case in real time. At MCHM Abogados, we are committed to providing you with the best possible service throughout the Administrative Law process.

For more information, do not hesitate to contact MCHM Abogados. ✍️
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