Análisis crítico de la regulación de la potestad sancionadora en las nuevas Leyes 39/2015 y 40/2015, de 1 de octubre

Abstract

The 39/2015 and 40/2015’s laws, both of Oct. 1st, are pillars of the Spanish administrative Law and incorporate a “new” regulation of the sanctioning authority. On the one hand, it is new (and problematic) the division in two laws, pulling away unnaturally the procedural of the administrative laws sanctioning principles. On the other hand, it alters the conception of the process that starts to be conceive as a speciality of the common administrative process and not as an special process.

This article examines the pros and cons of the new regulation; On one side, advances and improvements in the incorporation of precise criteria, jurisprudentially settled and in the correction of undesirable situations that the previous legislation encouraged. On the other side, the negative aspects driven by this division of the law in two parts of one regulation, should have been unique and comprehensive.