Abstract

SANCHEZ SAEZ, Antonio José. The administrative acts enforcement in the Spanish law. Bol. Mex. Der. Comp. [online]. 2016, vol.49, n.145. ISSN 2448-4873.

This paper describes the legal framework for the enforcement of Administrative acts in the Spanish administrative Law, which is in Act 30/1992, on the Legal Regime of Public Administrations and of the Common Administrative Procedure. Administrative act is an act of will, desire, knowledge or judgment issued by an Administrative body, who has the privilege of enforceability (it is mandatory for its recipients) and enforcement (in case of reluctance on the recipients, the Administration, without recourse to third parties or Courts can enforce coercively).

In the Spanish Administrative Law enforcement media are limited to four: constraint on capital, subsidiary execution, coercive penalties, and compulsion on people. For each type of administrative media, depending on its purpose, regulation tends to the use of a particular type of enforcement. For example, money claims are usually implemented through the constraint on capital; obligations to do, can be executed by the subsidiary execution or periodic coercive penalty payments; personal obligations almost always require a compulsion on people, etc. However, when various legal media may be possible to enforce the same act, the Administration prefers the use of the less harmful means, in a clear application of the fundamental right to liberty and property.

Finally, some considerations are made about the implementation of administrative measures that may involve the entry into the home of recipients, and the game in those cases of the fundamental right to the inviolability of the home.

Keywords : Spanish Administrative Law; Administrative Act; Administrative Acts Enforceability; Administrative Procedure; Inviolability of the Home.

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