Comentario a la sentencia del Tribunal Supremo nº 68/2019 de 28 de enero de 2019 (nº de recurso: 4580/2017):: La legitimación del denunciante en un procedimiento sancionador ante la jurisdicción contencioso-administrativa.
In the STS no. 68/2019 of January 28, 2019, it deals with the legitimacy of the complainant in the contentious-administrative proceeding, concluding that no legitimation can be established when there is no direct interest in the matter and that it should not confusing the legitimate interest with a...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2019
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7053190 |
| Source: | Gabilex: Revista del Gabinete Jurídico de Castilla-La Mancha, ISSN 2386-8104, Nº. 18, 2019, pags. 299-316 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
In the STS no. 68/2019 of January 28, 2019, it deals with the legitimacy of the complainant in the contentious-administrative proceeding, concluding that no legitimation can be established when there is no direct interest in the matter and that it should not confusing the legitimate interest with a personal or moral satisfaction of the complainant / injured party. The commented sentence provides a series of criteria systematically collected in this regard that could be summarized as follows: 1. Whistleblower is not the same as interested; by the simple fact of his complaint, the complainant has no legitimate interest to demand the imposition of sanctions. 2. The legitimacy of the complainant depends on the holder of a legitimate interest. 3. It may be considered a legitimate interest for the administrative body to carry out an investigation and verification activity in order to verify whether irregular conduct has occurred. 4. The general rule is that there is no legitimation to request the imposition of a sanction or aggravation of the already imposed because it is not considered a benefit or advantage that corresponds to a legitimate interest. 5. Legitimacy could be admitted when the interest in imposing a penalty could have a direct impact on its patrimonial sphere. 6. So that there can be legitimacy, a mere formal interest can |
|---|