IV. Analysys and recommendations

I. Sanctions for violations

Regarding proportionality, Article 37 (under Chapter VI of the Law) appears to enable the Agency to give warnings only when a deficiency may be corrected, and does not allow for this option in other cases. It also appears to be mandatory for the Agency to initiate proceedings when a violation is found in all cases in which a deficiency is not corrected, as Article 37 provides that ”[i]f the political entity fails to act upon the measure before the deadline specified in the Agency’s decision expires, the Agency shall initiate misdemeanour proceedings” (emphasis added).