The Duplication of Sanctions and Recidivism in the Disciplinary Regime of Civil Servants: A Constitutional Perspective

Abstract

This article examines, in accordance with constitutional case law, the principle of non bis in idem and its impact on the public service laws enacted by Spain’s autonomous communities. In particular, it analyses the constitutional conformity of certain disciplinary offences defined by these regional regulations, as well as the aggravating factor of recidivism included therein.

It also presents various judicial rulings that uphold the possibility of dual sanctions —both criminal and administrative— when a special relationship of subjection exists between the Administration and public employees. The article further explores the procedural role of the Administration and the disciplinary officer in cases potentially involving both criminal and administrative liability, as well as the binding nature of facts established in final judicial decisions.

Lastly, it provides a conceptual distinction between recidivism and repetition, based on definitions set forth in different regional statutes, and illustrates their application through specific examples of disciplinary offences in which these circumstances are treated as aggravating factors under the applicable sanctioning regime.