Abstract

DELGADO, Nicolás Carrasco; VALENZUELA, Claudio Jiménez  and  WENZEL, Adolfo Weber. Efficiency and standard of proof in procedures that impose administrative sanctions. Rev. Fac. Der. [online]. 2022, n.54, e203.  Epub Dec 01, 2022. ISSN 0797-8316.  https://doi.org/10.22187/rfd2022n54a3.

This article addresses the administrative procedures from Law and Economics perspective. In this sense, this work examines the mentions to efficiency, efficacy, and procedural economy, in Chilean administrative law, by holding that those concepts must be conceptualized in light of Law and Economics. Likewise, it addresses the possibility of employing efficiency criteria in procedures that impose administrative sanctions and whether those criteria correspond to either cost-minimization or optimization. Given the latter, the research addresses the influence of the cost-optimization criterion regarding the applicable standard of proof, by proposing one of preponderance of the evidence. With this aim, it is considered the standard of proof held by courts when rule complaints against administrative sanctions. Finally, efficiency criteria as well as the standard of proof are analyzed in relation to the multiple judicial review procedures of administrative sanctions, wondering how their lack of systematization can produce inefficiencies in the administrative procedures for imposing sanctions before public offices.

Keywords : Law and Economics - efficiency - cost-optimization approach - standard of proof - administrative sanctions - judicial review of administrative sanctions.

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