Collective Commentary about the New Package Travel Directive

506 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE liability and proportionality and, in addition, regulation of infringements, sanctions and the concurrence of sanctions). 2.1. Rule of Law Article 25 of the LRJSP establishes that the sanctioning power of Public Administrations will be exercised when it has been expressly acknowledged by a standard of legal status, with application of the procedure foreseen for its exercise and in accordance with the provisions of this Law and in the LPAC and, in the case of Local Entities, as provided for in Title XI of Law 7/1985 of 2 April 1985 (Ley de Bases del Régimen Local) on local government bases. Section 2 states that the exercise of the sanctioning power corresponds to the administrative bodies that have it expressly attributed, by provision of legal or regulatory status. Section 4 excludes from its application with regard to those who are bound to them by relationships regulated by the legislation of public sector contracts or by the patrimonial legislation of the Public Administrations. 2.2. Principle of non-retroactivity This principle aims to prevent the effectiveness of the legal rules in force from being projected with regard to events produced prior to its entry into force, even when there are total or partial coincidences with the legal situations foreseen in the regulation (Hernández). It is regulated in article 26 LRJSP and it is based on articles 9.3 (“ The Constitution guarantees the principle of legality, the hierarchy of legal provisions, the publicity of legal enactments, the nonretroactivity of punitive measures that are unfavourable to or restrict individual rights, the certainty that the rule of law will prevail, the accountability of the public authorities, etc. ”) and 25 (“ No one may be convicted or sentenced for any act or omission which at the time it was committed did not constitute a felony, misdemeanour or administrative offence according to the law in force at that time ”) of the Spanish Constitution. The LRJSP states in section 1 that the sanctioning provisions in force at the moment of the facts that constitute an administrative infraction may be applicable. Section 2 states that the sanctioning provisions may produce retroactive effect as soon as they favour the presumed offender or the offender, both with regard to the classification of the offence as well as the sanction itself and its limitation periods, including the sanctions pending compliance upon the entry into force of the new provision.