Collective Commentary about the New Package Travel Directive

ARTICLE 25 | F. JAVIER MELGOSA ARCOS 507 2.3. Principle of criminality It is closely related to the previous principle and it is regulated in article 27 of the LRJSP, stating that only the violations of the legal system foreseen as such infringements by a Law are considered as administrative offence, which may classify them as minor, serious and very serious. Only if administrative offences are committed, sanctions may be imposed but, in any case, the Law will delimit these sanctions. It is also foreseen that, by reason of regulations of development, specifications or graduations may be introduced to the table of infractions or sanctions without having the necessity of constituting new ones neither to alter the nature or limits of the ones contemplated by Law. The principle of criminality requires that administrative acts of sanctioning nature may be endowed with the sufficient and necessary motivation required by art. 35 of Law 39/2015 (it is necessary to mention the legal and/or regulatory standard that typifies the infringement). 2.4. Principle of responsibility This principle says that natural and legal persons may be sanctioned for acts constituting an administrative offence, but also the groups of affected persons, unions and entities without legal personality and independent or autonomous patrimonies , which are responsible for them by way of fraud or fault, may be sanctioned if a Law recognizes their capacity to act. That is, Article 28 extends the scope of application, with regard to Law 30/1992. Section 2 provides that administrative responsibilities arising from the commission of an offence will be compatible with the requirement to the offender of the replacement of the situation to its original state, as well as the compensation for the damages caused, which will be determined and demanded by the body to which the exercise of the sanctioning authority corresponds. If the indemnity is not met within the period determined for that purpose in terms of its amount, the procedure set forth in the 101 LPAC (constraint on equity) will be followed. When the fulfillment of an obligation established by a standard with legal status corresponds jointly to several persons, they will respond jointly for the infractions that, if any, may be committed and for the sanctions that may be imposed. However, in case of criminal fine and where possible, it will be individualized in the resolution according to the degree of participation of each person responsible.