De supletorio a prevalente: la incidencia de la terminación en los procedimientos sancionadores establecida por la Ley 39/2015 en la normativa sectorial

Authors

  • Leonor Rams Ramos Universidad Rey Juan Carlos

DOI:

https://doi.org/10.18042/cepc/rap.208.03

Keywords:

Sanctioning procedure, common administrative procedure, pre-emption Principle.

Abstract

The purpose of this paper is to analyse the scope of the new regulation regarding
the advanced ruling on sanctioning procedures established by the Law 39/2015
(article 85), and its implementation on the sectorial regulations, distinguishing on
whether they are state based laws or regional laws as well as on their consideration as
subsequent regulations or already existing ones. Regarding this last perspective, the
paper analyses the possible implementation of the pre-emption principle, as it has
been recently redefined by the Spanish Constitutional Court, in order to guarantee
its possible application by the legal practitioners, and in particular, the public administrations.

Published

2019-04-30

Issue

Section

STUDIES