Elena Bindi, Andrea Pisaneschi

The Sanctions of the market regulation Authorities and the right to fair trial

  • Abstract

Informations and abstract

Keywords: 6 of the ECHR, CONSOB, Bank of Italy, sanctions, ECtHR, Grande Stevens, retroactivity in mitius, presumption of innocence.

The essay deals with the applicability of article 6 of the European Convention on Human Rights with respect to the administrative sanctions imposed by the CONSOB (Italian Companies and Exchange Commission) and the Bank of Italy. It specifically examines the consequences of the substantially criminal nature of these sanctions on the administrative proceeding and judicial trial. It takes into account the ECtHR case law concerning the French authorities and highlights the differences of this case law with respect to the Grande Stevens and Others v. Italy Judgment. The essay points out some final remarks, such as the problems of the retroactivity in mitius and presumption of innocence.

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