Un nuovo ambito di giurisdizione del giudice amministrativo nel diritto dell’economia: la competenza esclusiva in materia di esercizio dei golden powers

Translated title of the contribution: [Autom. eng. transl.] A new area of jurisdiction of the administrative judge in economic law: exclusive jurisdiction over the exercise of golden powers

Miriam Allena

Research output: Contribution to journalArticlepeer-review

Abstract

[Autom. eng. transl.] The work analyzes the new provision of exclusive jurisdiction of the administrative judge introduced by the legislator during the reform of the golden share discipline. In particular, after giving an account of how, with the decree 15 March 2012, n. 21, it has been recognized a clear administrative nature to the powers of the public shareholder on the privatized companies, overcoming every attempt to give them a private role, the question arises as to the real utility and constitutional legitimacy (in relation to the legal reserve pursuant to art. 25 and 103 of the Constitution) of the attribution of the cognition on such cd. golden powers to the exclusive jurisdiction of the administrative judge. Finally, the true utility of the attribution to the administrative judge, in the exclusive jurisdiction, of the cognition on the cd is given an account. golden powers, both to extend the competence of the same to disputes arising from the appeal of the sanctions applied in the event of violation of the discipline pursuant to legislative decree 21 of 2012: in particular, pursuant to art. 134, c. 1, lett. c), cpa, the administrative judge may exercise, in such cases, a jurisdiction extended to merit. The knowledge of the administrative judge on the administrative sanctioning authority then arises as a necessary completion of the competence of the same on the authoritative public interventions in the field of economics.
Translated title of the contribution[Autom. eng. transl.] A new area of jurisdiction of the administrative judge in economic law: exclusive jurisdiction over the exercise of golden powers
Original languageItalian
Pages (from-to)1-14
Number of pages14
JournalGIUSTAMM.IT
Volume2012
Publication statusPublished - 2012

Keywords

  • GIURISDIZIONE ESCLUSIVA
  • GOLDEN POWERS
  • GOLDEN SHARE
  • SANZIONI AMMINISTRATIVE

Fingerprint

Dive into the research topics of '[Autom. eng. transl.] A new area of jurisdiction of the administrative judge in economic law: exclusive jurisdiction over the exercise of golden powers'. Together they form a unique fingerprint.

Cite this