Revista Vasca de Administración Pública (Dec 2022)
Elementos comunes de los regímenes sancionadores aplicables a los sujetos que operan en el sistema financiero.
Abstract
Within the broad and complex universe currently offered byAdministrative Sanctioning Law in Spain, the different sanctioning regimesthat are integrated into the financial system have some common featureswhose identification constitutes the central object of this work. Taking theminto account makes it possible to calibrate the dimensions of an extensiveand intense sanctioning power attributed to specialized supervisors, which ismarked by the severity of the sanctions that can be imposed and the very widemargin of appreciation attributed to the competent authorities when it comesto decide on its exercise and determine the specific sanctioning measuresit adopts. A sanctioning power that operates as a closing mechanism of therespective regulatory and supervisory systems, in which many other preventiveand corrective tools made available to financial supervisors by specific legislation,extensively renewed after the crisis unleashed to as of 2008.
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