Nota a Cons. Stato, sez. V, 3 ottobre 2018, n. 5695 in materia di termini per la conclusione del procedimento sanzionatorio

Translated title of the contribution: [Autom. eng. transl.] Note to Cons. State, section V, 3 October 2018, n. 5695 regarding deadlines for the conclusion of the sanctioning procedure

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Abstract

[Autom. eng. transl.] After reiterating the validity of the general rule inferable from l. 689 of 1981, the Council of State specified that in the sector discipline the art. 8, paragraph 4, legislative decree 163 of 2006 had delegated to a regulation of the AVCP (nowadays, of ANAC) the fixing of the terms "in defense" in the sanctioning procedure, allowing for such an exception to the general discipline; this faculty of derogation is substantiated, in the art. 6 and 9 of the single regulation on the exercise of the sanctioning power, in the fixing of a maximum term of one hundred and eighty days for the imposition of the sanction, to be considered peremptory (even if not expressly qualified as such by the regulation. The provisions applied in the judgment in comment are no longer in force: in particular, following the repeal of legislative decree 163 of 2006, the new primary reference provision (article 213, paragraph 13, legislative decree 50 of 2016) makes no specific reference to the procedural terms and indeed explicitly states that the sanctioning power must be exercised "in compliance with the principles set out in Law 689 of 1981": nevertheless, the pronunciation retains the continuing interest in identifying the sentence in a commentary on the rationale for setting a final deadline of the sanctioning procedure: it not only responds to the "need to guarantee the efficiency of administrative action", but also to "necessity to prevent the dilated timing of the sanctioning procedure from becoming a reason for legal insecurity for the interests of the economic operators involved "and this all the more so in a context in which the consequences of the sanctioning measure may even materialize in the foreclosure for the company to" compete effectively in the economic sector
Translated title of the contribution[Autom. eng. transl.] Note to Cons. State, section V, 3 October 2018, n. 5695 regarding deadlines for the conclusion of the sanctioning procedure
Original languageItalian
Pages (from-to)616-617
Number of pages2
JournalIL FORO ITALIANO
Publication statusPublished - 2018

Keywords

  • procedimento amministrativo
  • termine di conclusione

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