La Administración y el derecho al honor.

Authors

  • JOSÉ LUIS BERMEJO LATRE

Keywords:

fundamental rights, honour, moral damages, awards, honorary promotion.

Abstract

This paper analyzes the influences, both direct and indirect, positive and negative, to the honour, dignity, and reputation likely to issue from the action of the public authorities. Having stated the bidimensionality and the evanescence of the honour as a matter of Law, the activity of honorary promotion is examined on one hand, in search of a classification of the variegated awards (protocolary titles, civil chivalry and condecorations) out of a vaste regulation that confers discretionary powers to the public Administrations, notwithstandig a plentiful contentious judicial review. On the other hand, this paper deals with the modalities of the negative administrative intervention upon the honour and dignity, such as the removal of condecorations and titles, the declarations of persona non grata, the collateral damages to the honour issuing from the administrative sanctions and the sanctions especifically aimed at undermining the reputation of the offenders. Finally, attention is paid to the consequences of the damages to the honour derived from the activity of any public authority, under the regulation of the administrative civil liability, and the reprehensible doctrine of the Supreme Court on the matter.

Published

2008-05-14

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION