Old wine in new bottles : shifting the criminal sanction into administrative law - part 1

Abstract

In a contribution to a previous issue of Law and Practice I examined the juridical nature of administrative sanctions. In this follow up paper, I would like to address some additional, related, issues namely: the system of review of administrative measures inflicted by the public administration; how administrative penalties are levied; the prescription of administrative sanctions; whether the administrative action is extinguished and, if so, in which cases; the making of subsidiary legislation establishing administrative measures together with the quantum of administrative penalties; the Council of Europe's Recommendation No R (91) I E on Administrative Sanctions; and the advantages of resorting to administrative measures. [Excerpt from the Introduction}