Las potestades sancionadora y ¿disciplinaria? de la Administración electoral

Authors

  • Fabio Pascua Mateo

DOI:

https://doi.org/10.18042/cepc/rap.202.14

Keywords:

Electoral administration, administrative sanctions, disciplinary power.

Abstract

This study addresses the fundamental aspects of the punitive power of the electoral administration. From the perspective of administrative penalties, it exposes the general scheme in the light of the provisions of the LOREG and the new laws 39 and 40/2015, construed according to the resolutions of the Central Electoral Board, with special attention to problems such as the poor definition of offences and the ineffective system of sanctions. Besides, the regulation of the two behaviors specifically classified as infractions, namely, the breach of the polls publication regime and overcoming the limit of election expenses, is detailed. The paper concludes with a review of the disciplinary authority of the Boards, whose main outlines are drawn, and that is distinguished from the one that the Administrations of belonging of those officially involved in the electoral process keeps at the same time.

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION