Fundamental Right to a legal sanction

It is Constitutional Court doctrine that the Fundamental Right to a legal sanction (art . 25.1 CE ) , in conjunction with the principle of legal certainty (art . 9.3 CE ) requires that when the Administration exercises sanctioning authority, the administrative final resolution that concludes proceedings must express, as part of their motivation, the identity of  the legal basis of the penalty - or at least implicitly -.  This identity should be certain and determined, so that a Court judging the case may not identify a different provision as the reason for the sanction.

It has to identify the infringement and its gradation with minimal reasonable clarity, and so it is to be identified also the relationship between the offense and penalty imposed. Always must be made reference to the provision applied effectively , which must have the coverage of a Law.