[…] of the reading given to the text of Articles [105 and 122 of the LOCGRSNCF ], it is clear that the
imposition of sanctions established therein, require as the sole and exclusive criterion: a) the
declaration of administrative responsibility of the person investigated; and b) that this decision be
final in the administrative forum. In this sense, the sanctions, are legal consequences of the Law,
derived from the declaration of responsibility, once it has become final in the administrative
forum.242
[…] that the cause for the administrative actions, requires the compliance of the following
specifications:
a) that the factual and legal foundations of the administrative action be expressly indicated, which
includes pointing out the facts and law, inherent in the particular case. These circumstances refer to
the specifics indicated: i) reference to the legal elements in the record supporting the decision and,
ii) the analysis of the allegations made by the individual, and iii) the regulatory basis that
establishes the decision.
b) that, in general, from text of the decision, the reasons behind the issuance of an administrative
act are evident, regarding which there is no need for a comprehensive or detailed exposition of the
non-essential aspects or specifications regarding the reason or legal basis of the action.243
146. In this regard, the Court notes that the two resolutions of the Comptroller for
disqualification focused on highlighting the facts from which Mr. López Mendoza was
found responsible by the Director of the Office of the Determination of Responsibility
(supra paras. 60 and 83). While the Court believes that the duty to provide cause does
not require a detailed response to each and every one of the arguments of the parties, 244
the Court finds that the Comptroller General was to respond and independently support
its reasons, and not merely to refer to previous declarations of responsibility. Indeed,
from a reading of those decisions, the Court finds no concrete analysis of the relationship
between the severity of the facts and the effect on the collectivity, on public ethics, and
on administrative morals.
147. Although the State argues "the high degree of involvement that [the] conduct of
[Mr. López Mendoza] had on the values of public ethics and administrative morals, as well
as the negative impact that his behavior as a public official had on the community,”
(supra para. 103), the Court notes that the domestic decisions did not establish these
aspects with sufficient accuracy. The Court considers that given the scope of the
restriction on the right to stand in an election involved in a disqualification to run as a
candidate, the Comptroller had a obligation to provide explicit cause for the decision,
both qualitatively and quantitatively. The Comptroller was to develop specific reasons and
grounds regarding the seriousness and magnitude of the fault allegedly committed by Mr.
López Mendoza and the proportionality of the sanction imposed. Moreover, the Court also
considers that a proper reason for imposing the disqualification provides assurance that
242
Resolution N° 01-00-00004 of January 9, 2006, issued by the Comptroller General of the Republic,
supra note 94, folio 412.
243
Resolution N° 01-00-00005 of January 9, 2006, issued by the Comptroller General of the Republic,
supra note 155, folios 428 and 429.
244
The European Court has noted that: “The Court reiterates that Article 6 para. 1 (art. 6-1) obliges the
courts to give reasons for their judgments, but cannot be understood as requiring a detailed answer to every
argument (see the Van de Hurk v. the Netherlands judgment of 19 April 1994, Series A no. 288, p. 20, para.
61). The extent to which this duty to give reasons applies may vary according to the nature of the decision. It is
moreover necessary to take into account, inter alia, the diversity of the submissions that a litigant may bring
before the courts and the differences existing in the Contracting States with regard to statutory provisions,
customary rules, legal opinion and the presentation and drafting of judgments. That is why the question
whether a court has failed to fulfil the obligation to state reasons, deriving from Article 6 (art. 6) of the
Convention, can only be determined in the light of the circumstances of the case. Cf. ECHR, Case Hiro Balani v.
Spain, Judgment of December 9th of 1994, Series A no. 303-B, p. 8, § 27.
60
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