ضوابط فرض الجزاءات الإدارية الغير المالية

Abstract

"The process of imposing non-financial administrative sanctions is subject to a set of legal controls that ensure their legality and prevent the abuse of power. The principle of legality is considered one of the most important of these controls, as the sanction must be based on a legal or regulatory text that authorizes it. It is also necessary to respect the principle of gradualism in imposing sanctions, whereby the lighter penalty is applied before resorting to the more severe one, depending on the seriousness of the violation. Likewise, the principle of proportionality must be observed between the sanction and the nature of the environmental damage committed. On the other hand, the concerned party must be guaranteed the right of defense, particularly through being informed of the violation and given the opportunity to present observations. In addition, the administrative decision must be properly reasoned, clearly stating its factual and legal grounds. Finally, the sanction is subject to judicial review by the administrative judiciary as a guarantee of respect for the principle of legality. "