Collective Commentary about the New Package Travel Directive

ARTICLE 25 | F. JAVIER MELGOSA ARCOS 509 This principle is of vital importance in the foundation of the contentious- -administrative appeals filed against the acts of imposition of the sanction, because a correct implementation thereof constitutes a guarantee for the private individual rather than the sanctioning action of the Administration. 2.6. Limitation Article 30 LRJSP states the rules of limitation in three sections: a) The infringements and sanctions may be limited in agreement with the laws that regulate them. If they do not lay down time limitations, the period of limitation for very serious infringements shall prescribe after three years, the period of limitation for serious ones shall prescribe after two years and the period of limitation for minor ones shall prescribe after six months; the sanctions imposed for very serious faults may have a period of limitation of three years, those imposed for serious faults shall prescribe after two years and those imposed for minor faults shall prescribe after one year. b) The period of limitation for infringements shall begin to run from the day on which the infringement was committed. In the case of continuous or permanent infringements, the period of time shall begin to run from the end of the infringing behaviour. The initiation, with the knowledge of the interested party, of an administrative proceeding of sanctioning nature may interrupt de limitation, restarting the limitation period if the sanctioning proceeding would be paralyzed for more than one month due to cause not attributable to the presumed responsible party. c) The period of limitation for sanctions will begin to run from the day following the date on which the resolution imposing the sanction is enforceable or when the appeal submission period has expired. The limitation may interrupt the initiation, with the knowledge of the interested party, of the enforcement procedure. The period of limitation shall restart if the proceedings are paralysed for more than one month for reasons not attributable to the offender. In the case of alleged dismissal of appeal filed against the decision imposing the sanction, the period of limitation for the sanction will begin to run from the day following the end of the period legally envisaged for the resolution of such sanction.