La giurisdizione sulle sanzioni ex art. 123 c.p.a.: profili di incostituzionalità e soluzioni alternative

This work examine regulatory scheme of new alternative sanctions in the Italian Code of Administrative Procedure as a result of the coming into force of the Directive 07/66/CE. The examination of the positive law is a starting point for a series of legal considerations relating to certain profiles of unconstitutionality that the provision seems to show as to the discipline of this new power and for some considerations on the influence that the above sanctions may have on the administrative process. As the result of a slow evolutionary path, the administrative process tends to reach the status of a complete “subjective jurisdiction” in contrast and discordant with the “objective” character that these sanctions appear to give to it. In the final part of the work, alternatives to the adopted measures will be examined in order to fully evaluate the solutions that the directive offers. The aim is to achieve greater constitutional and communitarian stability.