Collective Commentary about the New Package Travel Directive

508 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Finally, the regulatory laws of the different sanctioning regimes may establish as an infringement the breach of the obligation to prevent the commission of administrative offences by those who are subject to a dependency or linked relationship. Likewise, they may foresee the cases in which certain persons will respond to the payment of the criminal fine imposed to those who depend on or are linked to them. 2.5. Principle of proportionality This principle, regulated in article 29 LRJSP, provides the following rules: 1) Administrative sanctions, whether or not of a financial nature, in no case may involve, directly or subsidiary, deprivation of liberty, 2) the establishment of criminal fine shall provide that the commission of the infringements typified is not more beneficial for the offender than compliance with the infringed standards, 3) in the regulatory determination of the sanctioning regime, as well as in the imposition of sanctions by Public Administrations, the due suitability and necessity of the sanction to be imposed and its adaptation to the seriousness of the act constituting the infraction may be observed. The adjustment of the sanction will consider especially the following criteria: a) The degree of culpability or the existence of intentionality. b) The continuity or persistence of the infringing behavior. c) The nature of the damages. d) The recidivism, by commission of more than one offence of the same nature within the space of one year, when so determined by final administrative decision. 4) When justified by the appropriate adjustment between the sanction to be applied with the seriousness of the act constituting the infraction and the concurrent circumstances, the competent body to resolve may impose the sanction in the lower grade, 5) when the commission of an infringement necessarily derives in the commission of others, only the sanction corresponding to the most serious infraction committed shall be imposed and, 6) it shall be punishable as a continuing infringement, the implementation of a large number of actions or omissions that infringe the same or similar administrative precepts, in execution of a preconceived plan or taking advantage of identical occasion.