The principle of impartiality in the administrative sanctioning procedure

Abstract

The principle of impartiality implies that the judge should not be part of the legal process during its substantiation. This principle cannot be limited to the judicial venue, but must be applied in the administrative sphere in all liability determination procedures, as is the case of the sanctioning procedure. The problem lies in the fact that the non-application of the principle of impartiality as a guarantee of the administrative sanctioning procedure may violate the rights of the offending parties. Therefore, the objective of the research is to determine how the non-application of the principle of impartiality in the framework of the administrative sanctioning procedure violates the minimum guarantees of due process and does not guarantee the rights of those subject to liability.