Collective Commentary about the New Package Travel Directive

ARTICLE 25 | F. JAVIER MELGOSA ARCOS 505 II. GENERAL PRINCIPLES OF THE POWER TO IMPOSE SANCTIONS Law 39/2015, on Common Administrative Procedure of Public Administrations (LPAC) and Law 40/2015, on Legal Regime of the Public Sector (LRJSP) state a new regulatory model of the administrative sanctioning procedure. According to GALLARDO, in some cases they have made a significant breakthrough, however, they have made a missed opportunity in others, because they do not incorporate the improvements that doctrine and jurisprudence have been claiming since the approval of Law 30/1992, of 26 November (LRJPAC) and it has led to a setback within the system of guarantees and rights of those presumed authors. Among the positive changes, the legal reservation in the regulation of the sanctioning procedure stands out, which will discourage the excessive multiplication of sanctioning procedures to which the LRJPAC had given rise, which not only did not regulate the sanctioning procedure, but also allowed its regulation with standards of regulatory level. The author argues that the institutional purpose of the competence reserve of art. 149.1.18 EC does not consist of the State regulating a single procedure. On the other hand, the competence to regulate each procedure is shared between the State and the Autonomous Communities in terms of ownership to regulate the substantive rules of each activity or service. The legal guarantees required by the imposition of an administrative sanction on citizens, requires that some basic principles are respected during the procedure. These principles act as a binding regulatory framework for Administrations, in addition to the regulation of the specific procedure that is applicable in each case. Until the entry into force of 2015 laws, the regulation of the principles to impose sanctions was included in Title IX of Law 30/1992 (arts. 127 to 131). In addition, the derogation carried out with the amendment has also reached Royal Decree 1398/1993 of 4 August 1993, approving the Regulation of the Proceeding for the Exercise of Sanctioning Power. As Hernández points out, since 2 October 2016, the date on which the regulations came into force, there has been no regulatory development that details the general sanctioning procedure, but both the sanctioning principles and the procedural aspects are included in standards of legal status (Laws 40/2015 and 39/2015, respectively). Therefore, sanctioning principles are regulated in Chapter III of the Preliminary Title (arts. 25 to 31), in very similar terms to Law 30/1992 (individual precepts for the principles of legality, non-retroactivity, criminality,