Traduction de «Revue espagnole de droit administratif » (Français → Anglais) :

4. Requests the Spanish authorities to ensure that no administrative act that would oblige a citizen to cede legitimately acquired private property finds its legal base in a law which has been adopted after the date of construction of the property in question, since this would infringe the principle of non-retroactivity of administrative acts which is a general principle of Community law (see the judgment of the Court of Justice of 29 January 1985 in Case 234/83 Gesamthochschule Duisburg [1985] ECR 327) and would undermine guarantees affording citizens legal certainty, confidence and legitimate expectations of protection under EU law;

Nadia Calviño has worked until now in Spain as Director General of Competition within the Ministry of Economy and Finance, where her main tasks were the enforcement of the Spanish competition law as well as articles 81 and 82 of the EC Treaty and the strategic design and management of competition policy in Spain. In this post she contributed to take decisions in sanctioning files of anticompetitive conduct infringing the Spanish competition Law and articles 81 or 82 of the EC Treaty and to co-ordinate the enforcement of competition policy in Spain by the national and regional administrative bodies.

Whereas the rules of substantive law have their base in Article 93 and, therefore, unanimity, those concerning formal law, administrative law and application law have their base in Article 95 because, amongst other things, this allows us to avoid unanimity and also paves the way, as we saw this morning in the field of financial services, for what the Spanish Presidency calls ‘more Europe’.

Born 1954; Bachelor of Laws (Universidad Complutense, Madrid); Abogado del Estado in Malaga; Abogado del Estado at the Legal Service of the Ministry of Transport, Tourism and Communication and, subsequently, at the Legal Service of the Ministry of Foreign Affairs; Abogado del Estado-Head of the State Legal Service dealing with the Court of Justice of the European Communities and Deputy Director-General of the Community and International Legal Assistance Department (Ministry of Justice); Member of the Commission reflection group on the future of the Community judicial system; Head of the Spanish delegation in the "Friends of the Presidency" Group with regard to the reform of the Community judicial system in the Treaty of Nice and of th ...[+++]e Council ad hoc working party on the Court of Justice; Professor of Community law at the Diplomatic School. Co-director of the journal "Noticias de la Unión Europea"; Judge at the Court of Justice of the European Communities since 7 October 2003.

The national measures to transpose Directive 89/665/EEC into Spanish law, namely Ley de Procedimiento Administrativo, Ley reguladora de la Jurisdicción Contencioso-Administrativa, Ley de Régimen Jurídico de las Administraciones Públicas y del Procedimiento Administrativo Común and Ley de Contratos de las Administraciones Públicas, apply only to entities subject to administrative law, while the provisions of Directive 89/665/EEC apply also to entities subject to private law that are contracting authorities within the meaning of the public procurement Directives.

In the first 10 or 15 years of the Charter, there were a series of reverse-onus clauses in administrative law where there was a penalty at the end.