The time limits of sanction proceedings of independent authorities and the principle of legality
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Abstract
The essay examines the issue of the nature of the time limits for initiating and concluding sanctioning proceedings of independent regulatory authorities. The Author examines the different case-law orientations highlighting their critical aspects. Subsequently, she demonstrates that, in compliance with the principle of legality that applies to sanctions, as recently interpreted by the Constitutional Court in sentence no. 151 of 2021, the most correct solution is to consider that both terms are of a forfeiture nature and that their violation determines the consummation of the power, with the consequent nullity of the sanction adopted late.
Keywords
- “
- Punitiveµ Administrative Sanctions
- Regulatory and Supervisory Authority
- Terms of the Sanctioning Procedure
- Principle of Legality