La ejecutividad de las sanciones y los enredos con la prescripción

Authors

  • Tomás Cano Campos Universidad Complutense de Madrid

DOI:

https://doi.org/10.18042/cepc/rap.212.04

Abstract

The regulation of the enforcement of sanctions and their prescription has never been peaceful in our legal system. LRJPAC de 1992 tried to adapt the enforceability of sanctions to constitutional jurisprudence and provided for additional limitation periods, but it consecrated, with the consent of the TS and the TC itself, the imprescriptibility of the sanctions appealed through administrative procedures, so that, filed an administrative appeal, if the Administration did not solve it in time, the sanction was not enforceable, but neither did its prescription. The LRJSP of 2015 has put an end to this unsustainable situation and has established that, in the event of the dismissal due to silence of the administrative appeal filed, the limitation period of the sanction begins to run. But now the problem has arisen as to whether, also, from that moment the sanction is enforceable. The present work, after analyzing how all this regulation has evolved, tries to clarify this regulatory mess now created and resolve
the aforementioned question.

Published

2020-09-01

Issue

Section

STUDIES