Las medidas provisionales administrativas. Novedades incorporadas por el artículo 56 de la Ley 39/2015, de 1 de octubre, de Procedimiento Administrativo Común de las Administraciones Públicas

Résumé

Article 56 of Act 39/2015 of October 1st, on the Co mmon Administrative Procedure by the Public Administrations provided some novelties in the regulation of interim measures. In brief we can consider that on the one hand Act 39/2015 has lifted some normative restrict ions regarding the adoption of interim measures so that they now can be agreed in general before the beginning of the procedure. At the same time, as a consequence of the new common administrative procedure conception established by the LPAC, in penalty procedures interim measures specific to each case might be adopted without the need to be specifically stated by the governing regulation. On the other hand, the new regulation has established a number of additional requirements to be observed when agreeing previous or subsequent interim measures to the beginning of the administrative procedure of reference, contribut- ing to reduce administrative discretion at the time of their adoption. From another angle, it should be noted that changes introduced by the legis- lator seem to respond to several sources of inspiration since whilst the establish- ment of interim measures to be adopted the LPAC intended to take as reference the Civil procedure law, concerning the principles that govern the adoption of the aforementioned measures, the legislator seem to have taken into account mainly some particular features that in the previous legislation characterized the system of adoption of interim measures in penalty procedures