Enrico Guarnieri

Is It Only an Allocation of Jurisdiction for the Sanctions Applied by the Bank of Italy and the Consob?

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Abstract

The article analyzes the allocation of jurisdiction between the «ordinary» judge and the administrative one concerning the subject-matter of the sanctions applied by the Bank of Italy and the Consob. The reasons behind the statements of the Italian Constitutional Court on the subject-matter concerned will be useful to broaden the topic, in order to understand if and how the widening of the jurisdiction of the civil judge may imply a new understanding of the narrow limits set for the extension of the exclusive jurisdiction of the administrative judge.

Keywords

  • Sanctions
  • Discretionality
  • Jurisdiction
  • Bank of Italy
  • Consob

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