Who exercises disciplinary law?

Article by: Arnau León | Last update: April 10, 2022
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Disciplinary law constitutes a part of sanctioning administrative law, and is conceived as the power that the State has to sanction its own authorities or agents within the framework of public function.

How is disciplinary law applied?

Disciplinary law has been defined as the set of rules, substantial and procedural, by virtue of which the State ensures obedience, discipline and ethical behavior, morality and efficiency of public servants, with a view to ensuring good operation of the different…

Who imposes official sanctions?

Article 47. The competent bodies for the imposition of disciplinary sanctions will be: 1. The Council of Ministers, at the proposal of the Minister of the Presidency, who will previously hear the Superior Personnel Commission, to impose separation from service.

Who can initiate disciplinary proceedings?

It is competent to order the initiation of the disciplinary file, the Undersecretary of the Ministerial Department in which the official is assigned, in any case.

What is the sanctioning body?

The investigating body conducts investigations and proposes infractions and sanctions. The sanctioning body imposes or rejects the proposed sanctions.

19 related questions found

Who is the competent body to resolve the sanctioning procedure?

8 of article 25 of the RGRST will be competent to impose the sanction the competent body to liquidate, which in the inspection procedure is the Chief Inspector.

What does the instructing body do?

The investigating body will not only be in charge of carrying out the procedures that allow determining the existence of responsibility, but will also recommend the sanction to be applied.

What does it mean to initiate disciplinary proceedings?

Incoar means to initiate or promote an administrative or judicial process. It is usually used to indicate the beginning of a lawsuit or a file. That is, to initiate is to start a procedure before the authorities of the Judicial Power.

How long does it take to resolve a disciplinary file?

The term for the resolution and notification in the disciplinary procedure is twelve months, counting from the initiation of the file, as established by Disp. Add. 29th of Law 14/2000, of December 29, on fiscal, administrative and social order measures.

What consequences does a disciplinary file have?

The consequences can be very negative for the doctor, going through very quantitative fines, loss of job or even disqualification from their school. The faults according to the seriousness of the same will entail a different sanction depending on whether it is minor, serious or very serious.

What entity sanctions the public servant or official?

The State sanctions public servants who commit reprehensible acts, and not only for failing to comply with the regulations, since its objective is to protect the functioning of the public administration, explained the lawyer.

When do the sanctions of officials prescribe?

According to the Disciplinary Regime Regulations for State Administration Officials, very serious offenses will expire after six years, serious offenses after two years and minor offenses after one month. The statute of limitations will begin to run from when the offense was committed.

When are the sanctions prescribed for public officials?

Prescription of faults and sanctions

Very serious infractions will prescribe after 3 years, serious ones after 2 years and minor ones after 6 months; the sanctions imposed for very serious offenses will expire after 3 years, those imposed for serious offenses after 2 years and those imposed for minor offenses after one year.

What is the disciplinary process like?

The disciplinary process is a set of actions aimed at investigating and in some cases punishing certain behaviors or behaviors of the worker, which entail breach of duties, violation of prohibitions, and abuse in the exercise of rights and functions.

How is a disciplinary process initiated?

The disciplinary process begins ex officio, on the occasion of a complaint or report from a public servant. The evaluation of the complaint may give rise to a restraining order, a preliminary investigation order, a disciplinary investigation order, or a jurisdictional referral order.

How does the disciplinary process start?

When can disciplinary action be initiated? This action can be initiated ex officio by the investigative body, by information from a public servant or other credible means, or by complaint made by any person.

When is disciplinary dismissal given?

Disciplinary dismissal appropriate, inappropriate or null

The disciplinary dismissal can be appropriate, inappropriate or null. The proceeding occurs when the breach of the worker by the employer is proven. If non-compliance cannot be proven, the dismissal will be unfair.

How is the administrative disciplinary procedure initiated?

It begins with the notification to the server or former server of the resolution that contains the decision to initiate the disciplinary procedure. Article 107 of the General Regulations of the LSC establishes that the resolution that initiates the PAD must contain: a) The identification of the civil servant.

What is initiation in criminal law?

This is a procedural remedy that does not go into the substance of the matter, only the procedure to be followed when the crime that is the subject of the criminal proceeding is assigned a procedure other than the one that corresponds to it by law.

What is the initiation of disciplinary proceedings?

Act that begins a file or procedure.

What is the synonym of initiate?

Synonyms: start, start, start.

Who is the instructor body in the Law serve?

iii) In the case of the dismissal sanction, the head of human resources is the instructing body, and the head of the entity is the sanctioning body and the person who formalizes the sanction.

Who can be an investigating body in an administrative file?

The instructor of the file must be a public employee who is in charge of the dispatch of the administrative files referring to the matter of the procedure in question, without necessarily having to make said appointment the head of the Municipal Secretary, without prejudice that this …

What is the instruction phase?

Instructor phase:

This phase begins with the notification of the imputation of charges. In the case of transportation and complementary services, it begins with the Verification Act or the initial resolution, while for transit, it begins with the ticket for traffic violation (PIT) or the initial resolution.

Where is the sanctioning procedure regulated?

It is regulated in Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations (LPACAP), considering it a specialty of the common administrative procedure. Its purpose is to guarantee the rights of the administered, rejecting the sanctions dictated outright.

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