Il procedimento sanzionatorio della CONSOB e i principio CEDU: L’estensione della garanzia del ‘giusto processo’ e il divieto di ne bis in idem

2017

For some particular crimes as the cs.d market abuses, the penal or the administrative qualification of the relative procedure depends of the used interpretative approach. The matter could reveal even more difficult because some characteristics as the restrictions and the personality are common both to the administrative sanctions and to the penal crimes. The conseguences of a similar interpretative chioice are not only descriptive; indeed this has remarkable effects from the perspective of the judicial protection, in fact this may involve the extenction of the penal system protection in an administrative authority procedure.