La sentencia Saquetti Iglesias c. España impone la introducción de la doble instancia para el enjuiciamiento de las sanciones admi- nistrativas

Abstract

The Judgement from the European Court of Human Rights (ECtHR) Saquetti Iglesias v Spain is set to have a significant impact on the regulation of appeals in contentious-administrative courts. This Judgment states that the right to appeal in second instance, guaranteed by virtue of article 2 of Protocol number 7 of the European Convention on Human Rights, must apply to administrative sanctions. The Judgement shall become final unless it is referred to re-examination by the Grand Chamber. The appeal as of right —much like the guarantee for a fair process enshrined in art. 6 of the Convention—. applies to all sanctions that are considered of a “criminal nature”, according to the criteria set out by the Strasbourg Court, which fundamentally takes into account the general and punitive nature of the infraction, as well as the severity of the sanction imposed. Article 2 of Protocol number 7 of the Convention excludes this right for infringements “of lessor severity as defined and laid down in the law”. The amendment to the Law 29/1998 governing Administrative Jurisdiction in order to adapt it to the requirements of the Strasbourg doctrine may entail an important first step towards the desirable generalisation of appeals as of right in contentious-administrative courts.