Post by account_disabled on Jan 18, 2024 3:01:48 GMT -7
The limitation period or the guarantee of legality inherent to the sanctioning power of the Administration do not apply , if the agreed revocation were a case of extinction of the license independent of an administrative infraction.
Likewise, not every administrative act with unfavorable content or cons Whatsapp Number List equences for individuals can be considered to constitute a sanction , but there are other different cases of restriction of its legal sphere, such as the revocation of a municipal license for non-compliance with conditions.
On the other hand, the verification of whether the requirements for the granting of a license are maintained - when this creates a stable and bilateral relationship between the authorized person and the granting Administration - proceeding to revoke it if those requirements continue to be met, and the consequent act of revocation, does not have the nature of an administrative sanction .
Drawing a line between simply revoking a license or applying a “ revocation-sanction ” can be difficult[1] when the revocation of a license (as well as its non-granting) is based on non-compliance with established requirements. by the legal system for the development of the intended activity. But this difficulty does not allow us to affirm that we are faced with a sanctioning measure, but rather a simple application of the regulations by the competent Administration, which exercises "a form of control (the most energetic of all those available to the Administration) of an intervened activity." ”, insofar as certain non-compliance by the individual entails the expiration or revocation of the title they enjoy. Manifestations of this consequence are not only the “expiration-sanction” of concessions of public domain goods and public services, but also the “expiration-sanction” of administrative authorizations.
Consequently, and on the basis of article 17 RSCL, it is necessary to distinguish the sanctions applicable in the event of infringement and the cases in which the license or authorization must be revoked . These “rescission sanctions” are part, not so much of the sanctioning power, but of the bilateral relationship itself with the addition of the availability of self-protection that the legal system recognizes to the Administration, unlike what happens in the revocation of licenses or authorizations that affect prior rights of individuals, the exercise of which makes such administrative acts possible, which fall within the scope of the sanctioning acts themselves.
Likewise, not every administrative act with unfavorable content or cons Whatsapp Number List equences for individuals can be considered to constitute a sanction , but there are other different cases of restriction of its legal sphere, such as the revocation of a municipal license for non-compliance with conditions.
On the other hand, the verification of whether the requirements for the granting of a license are maintained - when this creates a stable and bilateral relationship between the authorized person and the granting Administration - proceeding to revoke it if those requirements continue to be met, and the consequent act of revocation, does not have the nature of an administrative sanction .
Drawing a line between simply revoking a license or applying a “ revocation-sanction ” can be difficult[1] when the revocation of a license (as well as its non-granting) is based on non-compliance with established requirements. by the legal system for the development of the intended activity. But this difficulty does not allow us to affirm that we are faced with a sanctioning measure, but rather a simple application of the regulations by the competent Administration, which exercises "a form of control (the most energetic of all those available to the Administration) of an intervened activity." ”, insofar as certain non-compliance by the individual entails the expiration or revocation of the title they enjoy. Manifestations of this consequence are not only the “expiration-sanction” of concessions of public domain goods and public services, but also the “expiration-sanction” of administrative authorizations.
Consequently, and on the basis of article 17 RSCL, it is necessary to distinguish the sanctions applicable in the event of infringement and the cases in which the license or authorization must be revoked . These “rescission sanctions” are part, not so much of the sanctioning power, but of the bilateral relationship itself with the addition of the availability of self-protection that the legal system recognizes to the Administration, unlike what happens in the revocation of licenses or authorizations that affect prior rights of individuals, the exercise of which makes such administrative acts possible, which fall within the scope of the sanctioning acts themselves.