Collective Commentary about the New Package Travel Directive

510 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 2.7. Concurrence of sanctions Article 31 of the LRJSP states determinations that reflect the non bis in idem principle, which consists of prohibiting the same act from being sanctioned more than once, that is, duplication of sanctions shall not be imposed in cases where the identity of subject, fact and basis is released; so that, if the same behaviour is regulated in different normative bodies, a double sanction (HERNÁNDEZ) can not be imposed. Therefore, “facts that have already been criminally or administratively sanctioned may not be sanctioned again, in cases where the identity of subject, fact and basis is released”. Section 2 states that when a body within the European Union has imposed a sanction for the same facts, provided that the identity of subject and foundation does not concur, the competent body to resolve shall take it into account, in order to adjust the sanction that shall be imposed when applicable, being able to reduce it, without prejudice to declare the commission of the offence. 2.8. Principle of presumption of innocence It is provided for in some articles of Law 39/2015 (LPAC): in article 53.2.b on the rights of the interested party in the sanctioning administrative procedure, it mentions “ the presumption of non-existence of administrative liability until proven otherwise ”; also implicitly in art. 77.4 on evidences, stating that “ in proceedings of sanctioning status, the facts declared proven by final criminal resolutions shall bind the Public Administrations with respect to the sanctioning procedures that are substantiated ”. On the basis of the “ right to obtain the effective protection of Judges and Courts in the exercise of their legitimate rights and interests without in no case may he go undefended ” (art. 24 of the Spanish Constitution), the jurisprudence of the Constitutional Court has extended the application of the principle of presumption of innocence beyond the proper scope of the sanctioning power of the State. III. TOURIST DISCIPLINE IN TOURISM LAWS OF THE AUTONOMOUS COMMUNITIES In Spain, the exclusive competence in the field of tourism belongs to the autonomous regional governments. Article 148.1.18 of the Constitution provides that the Autonomous Communities (CCAA) may assume competences