Escolar Documentos
Profissional Documentos
Cultura Documentos
Publication of results
29/01/2015
Escalating enforcement
if the enforcement measures did
not have
the wanted effect
only one enforcement notice for the
same offence
Warning
guidance, critic,
recommendation or emphasizes
Warnings are not decisions:
no legal implication
not covered by the Law on
Public administration*
Enforcement notice
Regulated self-control
Add to/change of,
approval/authorization
Documentation
An enforcement notice should never be used
to say that binding rules of law are kept
Ban
-do not ban the use of all ready
illegal products
Stakeholder consultation
If a party to a case is assumed to be familiar with that authority is
in possession of certain information regarding the facts, do not be
decided until the Authority has the party of the information and
given the opportunity to make a statement . However, this applies
only if if the information is unfavorable to the party and is of
significant importance to the decision.
Does not apply if the all in all inadvisable to make a decision, ..br
subordinate to the public interest ..
Right to give opinion
Chapter 6.
Justification etc.
Decisions must be accompanied by a justification, unless decision is
entirely in the stakeholders favor.
Reference to the legal rules under which the decision was made.
The main considerations and administrative practice
Facts
Destruction of products
Administrative fines
Will the infringement not involve higher penalty
than a fine, the Minister for Food, Agriculture
and Fishery can decide, that a case can be
settled without the courts involvement, if the
perpetrator declares himself guilty of the
offence and is willing to, within a time line, to
pay a fine.
If the fine is paid in due time, all other
penalties will be annulled