The principle of objectivity in the exercise of the administrative authority to impose sanctions

Abstract

The application of the principle of objectivity to the exercise of the administrative authority to impose sanctions requires distinguishing the different nuances of the meaning of this principle and the plurality and diversity of situations that can give rise to the opening of a sanctioning procedure. This work particularly focuses on the implications of objectivity in the exercise of the authority to impose sanctions, which can be especially relevant in the light of the existence of margins of appreciation in this exercise. Whether the margins of appreciation are in the assessment of the facts or the offence defined in the law or in the establishment of the specific sanction to be imposed, the principle of objectivity should exert its effects in a way that goes beyond the mere exercise of corroborating the facts and categorising them into a law. In this respect, the complexity of particular situations in particular environments makes it important to stress the value of adopting and following certain decision-making criteria in a clear, reasoned and consistent manner. More rigour in this effort will no doubt result in greater effectiveness in the protection of the general interests with due respect for the guarantees of the rule of law.