Law School

Specialization Program in Administrative Sanction Law

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STUDY PLAN
Administrative sanctioning law and criminal law as different manifestations of the state's ius puniendi.
The concept and classification of infractions.
Principles of Administrative Sanctioning Law. General Approach.
Principle of material legality or typicity.
Principle of formal legality: regulatory classification? Blank sanctioning norms. Principle of prohibition of retroactivity. Application.
Principle of culpability. The different meanings of “culpability”: sanction for the act (not for the perpetrator), (subjective typicity). Illegality and justifications (especially, analysis of the scope of error).
Principle of double jeopardy. Concurrence of offenses. Continuing offenses.
The disciplinary procedure (the principle of due process). The principle of "officiality" and the initiation of the disciplinary procedure. Disciplinary and "trilateral" procedures. The role of the complainant in a disciplinary procedure.
Procedural issues: the right to be informed of the infraction (the classification of the infraction cannot be altered). Evidence and the principle of presumption of innocence. Evidentiary scope of inspection reports.
The end of the proceedings. The sanction as an enforceable instrument. Appeals. Prohibition of reformatio in peius. The principle of solve et repete.
The sanction. Concept. Distinction between sanctions and other related legal concepts. Criteria for assessing sanctions. Exemptions and mitigating circumstances of liability.
The extinction of liability in sanctioning matters. Extinction of legal personality (natural and legal persons), prescription, retroactive application of more lenient laws, revocation and pardon.
Disciplinary law.
Workshops (with topics that will be coordinated at the request of the students, e.g., Public Contracts).