Reserva de jurisdicción y libertad del legislador para optar entre penas y sanciones administrativas

Authors

  • Manuel Rodríguez Portugués Universidad de Córdoba

DOI:

https://doi.org/10.18042/cepc/rap.208.04

Keywords:

Administrative law sanctioning, administrative sanction, criminal law, freedom of the legislator, penalty, reservation of jurisdiction.

Abstract

This paper raises the question of whether the legislator has limits when deciding
what punishable actions are going to be punished by the Courts as crimes and which
by the public Administration as administrative infractions. It is concluded that there
are limits, that these limits derive from the reservation of jurisdiction contained in
Article 117.3 of the Spanish Constitution and that there is an irreducible core that
must be the competence of the Judicial Power. Finally, it describes what kind of cases
can integrate that core, and which are available to the legislator to be attributed to
the public Administration.

Published

2019-04-30

Issue

Section

STUDIES