UNA O PIÙ NOZIONI DI SANZIONE AMMINISTRATIVA PER LE GARANZIE MULTILIVELLO?

[Autom. eng. transl.] On the occasion of the decriminalization of 1981 the legislator exercised a clear option for the extension of the penal model to administrative sanctions: however, the jurisprudence introduced a series of 'simplifications' that have found application not only in the administrative sanctioning procedure (and, therefore , in the administration's decision), but also in the subsequent opposition proceedings. Even when subsequent laws introduced very burdensome administrative sanctions, these 'simplifications' remained firm, generating a clear imbalance in the system. Therefore the ECHR jurisprudence intervened, which led to the overcoming of the formalistic idea that the administrative sanction is in any case more favorable than the penal sanction: the writing proposes to establish if this involves a rethinking of the national notion of administrative sanction.