The article offers a reconstruction of the application of criminal guarentees to administrative sanctioning procedures. First, the emphasis on a contentious level of the discussion is criticized. The article shows that the problem is one of institutional design. From this perspective, the article offers a pragmatic formal solution, according to which the legislator must choose between at least three sanctioning regimes, disregarding some alternatives that affect people’s rights in a particularly intense way.


constitutional guarantees Sanctioning Administrative Law administrative sanctions institutional design