Derecho sancionador y arbitraje

Abstract

Arbitration in administrative law is legally viable, as has been proved on other occasions. However, when it comes to submitting claims subject to sanctioning law to arbitration, the issue becomes more complicated. The involvement of fundamental rights in all sanctioning proceedings makes it necessary to approach the study of the issue from a different perspective. In fact, this involvement of fundamental rights inherent in all sanctioning proceedings is the reason why the legislator is clear in determining the competence of the contentious-administrative jurisdiction in this matter and categorical in denying the possibility of resorting to arbitration, when it deems it appropriate. This paper tries to clarify the question of the legal viability of arbitration in the sanctioning law, from the light of sentences of the European Court of Human Rights, and specifically the doctrine of autonomous concepts developed by the high court.