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The sanctions of the Banca d’Italia in the context of administrative sanctions between «myth» and «reality»

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  • Cecilia Sereni Lucarelli

Abstract

After some premises on the general concept of administrative sanctions, the articledeals with the ones imposed by the Banca d’Italia through an analysis of the caselawof the last five years. The article firstly comes to the conclusion that the attributionof the jurisdiction to the ordinary judge (from 2014) rather than to the administrativejudge could have impacts on the outcome of the appeal and secondly that it isno longer possible to sustain their non-affective nature, with the consequences on theprocedure and on the trial established by the european jurisprudence.

Suggested Citation

  • Cecilia Sereni Lucarelli, 2020. "The sanctions of the Banca d’Italia in the context of administrative sanctions between «myth» and «reality»," Banca Impresa Società, Società editrice il Mulino, issue 2, pages 317-353.
  • Handle: RePEc:mul:jqmthn:doi:10.1435/98047:y:2020:i:2:p:317-353
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