Abstracts

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Fine authority in Comparative Law. France (I)

Juan Ramón Fernández Torres

This article analyzes fine authority in a comparative perspective, particularly in France. First, it describes the concept, meaning and application of fine authority. Second, the author studies the principles of fine authority law. Fine proceedings, individual rights and types of fines are also analyzed. Finally, the paper ends referring to due process related to fine authority.

Fine authority in Comparative Law. France (II). Special reference to independent administrative authorities and healthcare, insurance and communications sectors.

Alfonso López de la Osa Escribano

The author outlines the general situation of fine authority in France, specially in the independent administrave authorities and the healthcare, insurance and communications sectors. First, the article explores the situation of the independent administrative authorities. Second, the author studies the healthcare sector, particularly the protection of personal data and fine authority related to organ donation. Third, the insurance sector is analyzed, specially its fine proceedings. Finally, the article ends enumerating the characteristics of fine authority in the communications sector.

Administrative fines in Italy: a Constitutional Law problem

Pasquale Cerbo

This article describes how administrative fines work in Italy, emphasizing the constitutional problems related to them. First, the author analyzes the constitutional principles of administrative fines in Italy, particularly the principle of legality and the personality principle. Second, he describes fine proceedings and the general regulation of it, considering 689/1981 law. Finally, regional law is analyzed, as well as legal protection and the proportionality principle.

The disciplinary authority in the compared law: United Kingdom

Antonio José Sánchez Sáez

Antonio José Sánchez Sáez centres the subject topic of this article on the description detailed of the surrounding connotations in the Administrative law of the United Kingdom, doing special emphasis in the new regulatory enforcement and sanctions act 2008 (RESA); Law that was approved in the the Parliament of the United Kingdom to give responses to the Report of Hamptom (2004) and this Law directs the Disciplinary Administrative British law in its entirety with the purpose of obtaining a better regulation of the administrative legal authorities.

The disciplinary authority of the public Administrations in the tributary area.

Antonio Vaquera García

Antonio Vaquera García reveals in this article the paper of the disciplinary authority of the Public Administrations in the fiscal sphere without pretension to treat topics related to crimes against the Public Estate.

The article divides in five fundamental blocks: 1. beginning of the disciplinary authority in the tributary area; 2. persons that intervene in the infractions and tributary sanctions; 3. typologies of the tributary infractions; 4. execution of the tributary sanctions, and a fifth block that treats the topic of the extinction of the responsibility for the infractions and sanctions.

The disciplinary authority of the Administration in the labor area.

Susana Rodríguez Escanciano

The disciplinary authority of the Administration in the labor area treats on the social and economic relevancy that is obtained of the sanctions administrative labor application.

Most of the article devotes itself to comment meticulously the remolten text of the Law on Infractions and Sanctions in the social Order (LISOS) in relation with the constitution of an authentic “disciplinary code in labor topics”.

Fine authority in Finance Administration

Luis Carlos Fernández Espinar

This article outlines the general principles of fine proceedings in Finance Administration. First, it describes the principles of fine proceedings related to finance markets. Second, the author analyzes the role of the Bank of Spain, its legal basis and importance. Finally, this paper explains the general legal framework of finance markets and the law 26/1988.

Town-planning fine proceedings

Ricardo García Macho

This paper analyzes the nature of town-planning fine proceedings. It describes the relation between Public Administration, coercion, and the objectives of fine proceedings. It also explains the distribution of competences between the Central Government, the Autonomous Regions and the Local Government. The authors reflect on the the protection of the town-planning legality and conclude analyzing the general penalty regulations on the matter.

Disciplinary authority of Public Administration on public employees

Tomás Quintana López

This article explains how the disciplinary authority of the Public Administration works on the public employees. First, the author describes the origins and evolution of disciplinary authority, particularly the Constitutional and legal development. Second, this paper studies the disciplinary regulations of the Basic Statute of the Public Employee. Finally, the author analyzes the disciplinary proceedings and its guarantees.

Disciplinary authority of the Penitentiary Administration

Federico A. Castillo Blanco

The author studies the role of disciplinary authority in the Penitentiary Administration. First, the paper describes the legal basis and the principles on this matter. Second, the author enumerates the different types of sanctions in the penitentiary system. Finally, the paper concludes explaining the disciplinary proceedings and the performance of sanctions.

Disciplinary regulations in Armed Forces (special analysis on the disciplinary regulations of the Spanish Civil Guard)

José Ignacio Morillo-Velarde Pérez

This article studies the disciplinary regulations in Armed Forces, particularly the the disciplinary regulations of the Spanish Civil Guard. First, it describes the legal development of the disciplinary regulations in Armed Forces since the Spanish Constitution of 1918. Second, the author reflects on the concept of military discipline, wondering if this disciplinary law is part of the administrative law or the criminal law. Third, the author enumerates the different types of disciplinary sanctions. Finally, the article analyzes the disciplinary fine proceedings.

Fine authority in the public goods sphere

Dionisio Fernández de Gatta Sánchez

This article describes the general aspects of fine authority concerning public goods. First, it explains the different characteristics of public goods. Second, it describes the protection mechanisms for public goods and their legal framework. The author ends reflecting on the nature of fine authority in this particular sphere.

Fine authority concerning water supplies and mining industry

Miguel Ángel González Iglesias

The author attempts to explain how fine authority works in the water supplies and mining industry areas. First, water supply sector is analyzed, particularly describing different types of infringement, sanctions and their general fine proceedings. The second part of the article describes in a similar way how fine authority is applied in the mining industry.