I limiti probatori nelle controversie contro le misure di gestione della crisi

Article 95 Legislative Decree No. 180 of 16 November 2015, states that in controversies against the measures for the management of the crisis of credit institutions adopted by the Bank of Italy and the Ministry of the Economy and Finances, verifications and technical consultations for the ascertainment of facts or for the acquisition of evaluations that require technical skills are not admitted. This is a particularly severe evidentiary limit, also because these controversies are devolved to the exclusive jurisdiction of the administrative judge, in whose field, historically,\r\nthe catalogue of measures of inquiry has always been placed in relationship with that of the civil judge. The contribution examines the compatibility of the disposition with the principles of the fair trial and in particular with the principle of equity of the parties.