The efficiency and the execution of the sanctions of traffic

Abstract

The general rule that applies in our Law is that the administrative acts force directly and produce effect since they are dictated and notify and that, in case of voluntary breach for the interested party, when the act imposes a behavior on him, the Administration can proceed to his immediate execution without need to come to a judge. Opposite to this general rule, the legislator has delayed the efficiency of the administrative sanctions to a later moment in the art. 138.3 Law 30/1992 and other similar rules of sectorial laws. Nevertheless, one of the aims of the Law of reform 18/2009, of November 23, has been that the fines of traffic produce effects and could be executed as soon as possible and it finds disadvantages neither in the presumption of innocence nor in the judicial effective guardianship, but the above mentioned law has done it of a such form that seems to have incurred a flagrant contradiction that, despite everything, can be overcome by means of an of integration and harmonious interpretation of the law.