Administrative sanction: criminal coloration. Control of goods
Section: Juris. administrative
"Third. - As has already judged this room, administrative sanctions are" color criminal "in the sense that this term gives the jurisprudence of the European Court of Human Rights.
But this description does not imply that the proceedings of the criminal process has been followed in full. As has already tried several times this room, "this form of administrative action is not the most appropriate depending on the nature of a sanction, although not apply to all ends of the formalism itself judicial process "(ver. 76-2006 Judgment of 23 November 2006). Read the rest of this article »
We sanction
The obligations imposed by the administration to do in terms of urban character are not penalties, according to TC
Section: Juris. planning , Decisions
"Therefore, we examined the interpretation made by the High Court under which the reference to the penalty was only on the fine, so that the removal order of the scale was not considered a penalty.
Regarding the question whether, in respect of infringements of planning, the obligation to do, how to proceed with the withdrawal of an irregular installation, should be considered as a penalty or not, seem that the ordinary courts of the Principality has not been, until now, the decision thereon. The Constitutional Court has no national jurisprudence likely to clarify this point. However, support can be found in comparative law. Read the rest of this article »
Rules of procedure for the parking and traffic fines imposed by the Joint Ordino and ordinance on abandoned vehicles
Section: Regulations
The approved Joint Ordino (BOPA 1/22) the rules of procedure for the parking and traffic fines imposed by the Joint Ordino , regulating the procedure to apply the sanctions for breach of the rules parking and traffic violations in terms of Ordino. This Regulation repeals Regulation of procedure for the parking and traffic fines imposed by the Joint Ordino, 19 November 1998.
While the Joint Ordino has approved the ordinance on abandoned vehicles on public roads , to provide solutions to the disproportionate increase in vehicles that are abandoned on public roads or in public parking lots, without respective owners come to retrieve them, considering that with this attitude, the owners of the said vehicles harm the interests of other users of the communal rooms that are limited daily capacity of parking spaces.
We sanction
The government dismissed the appeal brought by the temporary replacement of Tunnel 2 Valira against sanctions arising from a fatal accident
Section: News
The Government has rejected the appeal brought by the temporary replacement of the western mouth of the tunnel 2 Valira against sanctions stemming from the fatal accident happened last April, amounting to € 5,001 for offense serious proven to Law 34/2008 of 18 December, the health and safety at work , on the occasion of the accident on 7 November with a report of five deaths in the same western mouth of the tunnel 2 Valira, whilst maintaining the provisional arrest of the works throughout the western mouth.
We sanction
Agents responsible for violations in the field of urban
"For the purposes of offenses relating to buildings must therefore determine what should be understood by (i)" agent "and that (ii) agent" responsible "in terms that are exposed below:
(I) agents are all involved in the process of construction, ie the owner, developer, builder and technical directors. The consideration of the builder as the construction agent is guaranteed also by article 105.3 of the Building Regulations, requires that when the building permit does not exclude liability in case of accident may have the license holder, the author of the project, "the builder and other agents of the building," explicitly equated, so the builder to the construction agent, similar in meaning, when the quoted Rule 135 refers to the direction optional in the execution of the work excludes the liability of common deficiencies in the project or its execution, which shall be borne by the coaches, "maker of construction or other agents involved" and, consequently, both the logic of the process constructive and systematic interpretation of the regulations applicable planning officers considered the builders of the building.
(Ii) That said, we must specify which agents are also responsible for building without license infringements. We are those agents that is required by the obligation to know that the works have run the requisite approvals, and this obligation is enforceable only to the owner and promoter, and of course the technical directors, but also builders, who are the executors of the works and materials is not permitted to act without ascertaining that what has built coverage planning gives you the license. "
Judgment of the Superior Court room administrative dated 5/5/2008, number 38-2008.
We sanction
Infringement penalty and planning: prescription
"Third. - As regards the first of these points, it undoubtedly must apply the provisions of Article 160 of the General Law on spatial planning and urban development, since it is an offense urban in nature and, therefore, the Act of 29 December 2000 constitutes the lex specialis governing the matter, as opposed to the general provisions of Article 56 of the Law of finance community, which only applies in the absence of a specific regulation. So it follows the same wording of the latter provision, which establishes a limitation period of three years "saved what other laws established." Consequently, as the offense that is allocated to the planning agent is mild, the limitation period is one year, according to that article 160 of the General Law on territorial and urban planning.
Fourth. - It is undeniable that the lawsuit is about the prescription of the offense attributed to the agent and not on the prescription of the penalty imposed by the Common. As stated in the Sala Aute no. 2000-10, 17 April 2000, the expiry period of the suspension starts counting when the applicant notifies the sanctions resolution, within the meaning of article 7.1.b) of the General Law of Public Finance and 56.1.b) of the Law of finance community. Indeed, the institute operates the prescription of the penalty during the period of voluntary or compulsory execution of the same, so the calculation of the corresponding period only starts counting when the penalty has been notified to the interested that is when you can not come-and-before its execution.
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Article 45 of the Administrative Code determines the effectiveness of the event compared to those who apply to the regular performance of consistent measures of advertising in your publication or notification, depending on whether a provision general or an individual act. In the same vein, Article 47 of the Code indicates that the requirements of form shall contain a notification to be oponible which both the Administration and the interested party. Accordingly, we conclude that an act has not been regularly reported to the recipient and, therefore, is not effective at the same address, is not likely to interrupt the limitation period for an offense that is allocated to the request. It is, in short, an act which remains in the field of internal administration and for reasons of legal certainty, is not interested until the oponible is subject to regular notification to the recipient.
Not opposed to the previous conclusions that the appeal arguments show that there is a legal term for notification of administrative acts. Indeed, one thing is that the lack of notification does not affect the validity of the act and therefore the delay in notifying the resolution does not entail the cancellation of the (former Article 44 of the Code of Administration), and another very different is that this act not reported is likely to produce adverse effects for the recipient, as is the case is accepted if it can interrupt the limitation period for an infringement. "
Judgment of the Superior Court room administrative dated 29/2/08, speaker A. Andres, number 19-2008.
Linking resolutions civilians in the administrative field. Fees CASS: Nature
Section: Juris. administrative
"As stated in the Sala judgment no. 2000-57 of 18 December 2000, "the legal qualification that the Civil Chamber of the TSJ has made a contractual relationship that links to this jurisdiction, then the civilian is exclusively competent to declare the legal the horn of a link that is questioned. " This doctrine is fully applicable to the nature of certain non-wage or remuneration, and therefore can not share the argument of the judgment appealed, according to which the conclusions reached by the Civil Division of this Court the nature of the amounts paid employees in a particular case are not binding the administrative courts. What happens is that the civil court ruling only applies to a specific case, depending on the particular circumstances that ran in the same, so these findings can not be extended to other cases, especially when the article 64 of the Act on employment contract establishes the presumption of the nature of wage payments in respect of travel allowances.
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In the alternative, the appellants requested a reduction greater than that already agreed to CASS, up to 80 percent of their amount.
This question has already been examined in the judgment of this Chamber no. 89-2008 of 19 December 2008, which stated that "we must remember that the fees in the amount of contributions due, imposed for failure to pay within the period that corresponds to it, applied to the semi-entity, under the Criminal Disputes Regulation, provided the amounts of charge, between 1.1% and 1.5% depending on the periods of delay. "
"Therefore, these limits on the authority of the CASS must be exercised, and whether voluntarily, and assessing the situation in each case the company wishes to pursue a reduction in charges will not attend any prohibition of doing so, loses the regulatory system does not allow application of the practice or legally required to do so in a certain percentage. "
"The appealing party believes there is a habit or an administrative practice whereby when the CASS performs these reductions makes the percentage 95% (...) But at this point we must remember again that whether or not this is to reduce the charges in 95% - a common practice, can never rise to the usual category of substance to go against dela power reduction, which is discretionary and not subject to other considerations that each case, without the fact that a company, or several, they have reduced the surcharge on a very high demand allow others the same. "
Ruling of the Administrative Chamber of the Superior Court dated 20/5/09, speaker A. Andrew, no. 51-2009.
We sanction
