La repercusión en España de las sanciones impuestas al Estado por infracciones del Derecho de la Unión Europea: desarrollos normativos y jurisprudenciales recientes

Abstract

Spain is responsible before the European Union for the implementation of the Community order within its territory without being relevant to that effect the body that did it or the territorial level where it took place. That explains the importance of the general legislative provision set forth by the Second Additional Provision of the Organic Act 2/2012 of April 27th on Budgetary Stability and Financial Sustainability, and the statutory procedure specified by the Royal-Decree 515/2013 of July 5th to determine the responsibility of Public Administrations because of the infringement of Community provisions from which derives economic liability for Spain. In particular, the decree portrays a considerable advance to the previous legal situation, even though it reveals a preponderance of the State over Autonomous Communities and local entities which is not objectively justified by the infringements attributed to them. Besides, the regulated procedure lacks of a considerable number of deficiencies and ambiguities that should be amended as soon as possible in order to ease its practical application.

Keywords

• economic sanctions to the state
• infringements of the law of the european union
• legislative clauses
• royal-decree 515/2013 of july 5th
• settlement of public administrations liability and the ad-intra effect