Ejecutividad y prescripción de las sanciones administrativas en las Leyes 39/2015, del Procedimiento Administrativo Común de las Administraciones Públicas y 40/2015, de Régimen Jurídico del Sector Público

Abstract

The Act 40/2015 of the legal regime of the Public S ector has introduced a new rule on the calculation of the limitation period to be applied to sanctions in cases where hierarchichal appeal filed against them had been rejected by administrative silence. Thus, within the meaning of section 30.3 of this Act, in case of implied rejection of the appeal, the calculation of the limitation period of the sanction shall begin from the day following the deadline legally established to resolve that appeal. This new rule about the limitation period has logically to have consequences over the enforceability of sanctions, since enforceability of the sanction as such is a prerequisite for the limitation period of it. This article deals with both novelties and analyzes the problem of their contradiction with the case law —by the Constitutional Court and the Supreme Court— regarding the silence within the appeal and its effects (or rather lack o f effects) about the limitation period and enforceability of sanctions.