The sanctions of the Banca d’Italia in the context of administrative sanctions between «myth» and «reality»
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Abstract
After some premises on the general concept of administrative sanctions, the article deals with the ones imposed by the Banca d’Italia through an analysis of the caselaw of the last five years. The article firstly comes to the conclusion that the attribution of the jurisdiction to the ordinary judge (from 2014) rather than to the administrative judge could have impacts on the outcome of the appeal and secondly that it is no longer possible to sustain their non-affective nature, with the consequences on the procedure and on the trial established by the european jurisprudence.
Keywords
- Sanctions
- Banca d’
- Italia
- Case-law
- Jurisdiction