El derecho administrativo sancionador a la luz del convenio Europeo de derechos humanos
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All Rights Reserved. This article analyses the case law of the European Court of Human Rights on the imposition of sanctions by administrative bodies, in order to verify the extent to which the criminal law guarantees apply to the sanctioning administrative proceedings. More in detail, the study deals with defining the scope of Articles 6 and 7 of the Convention and outline how the ECHR interprets some of the requirements enshrined in the aforementioned provisions with regard to punitive sanctions imposed by administrative authorities. The article concludes that the jurisprudence of the Strasbourg Court has been, in some points, inconsistent and has provided even less protection than the constitutional provisions recognized by some of the States Parties.
This article analyses the case law of the European Court of Human Rights on the imposition of sanctions by administrative bodies, in order to verify the extent to which the criminal law guarantees apply to the sanctioning administrative proceedings. More in detail, the study deals with defining the scope of Articles 6 and 7 of the Convention and outline how the ECHR interprets some of the requirements enshrined in the aforementioned provisions with regard to punitive sanctions imposed by administrative authorities. The article concludes that the jurisprudence of the Strasbourg Court has been, in some points, inconsistent and has provided even less protection than the constitutional provisions recognized by some of the States Parties. © 2015, Iustel. All Rights Reserved.
This article analyses the case law of the European Court of Human Rights on the imposition of sanctions by administrative bodies, in order to verify the extent to which the criminal law guarantees apply to the sanctioning administrative proceedings. More in detail, the study deals with defining the scope of Articles 6 and 7 of the Convention and outline how the ECHR interprets some of the requirements enshrined in the aforementioned provisions with regard to punitive sanctions imposed by administrative authorities. The article concludes that the jurisprudence of the Strasbourg Court has been, in some points, inconsistent and has provided even less protection than the constitutional provisions recognized by some of the States Parties. © 2015, Iustel. All Rights Reserved.
Keywords
Administrative sanctions, European court of human rights, Fair trial, Judicial review, No punishment without law, Administrative sanctions, European court of human rights, Fair trial, Judicial review, No punishment without law, SDG 16 - Peace, Justice and Strong Institutions