Il controllo giurisdizionale sulle sanzioni amministrative bancarie

In the context of decisions and measures of SSM, significant critical issues of effectiveness of judicial protection emerge about the challenge of administrative sanctions. The European Court review allows the control of the ECB sanctioning decisions. While the jurisdiction of the national court concerns the sanctions imposed on credit institutions by the national authority (Bannk of Italy) - which exercises its sanctioning power in the event of breach of the rules of the T.U.B., od directly applicable European provisions and of rules for areas not falling within the tasks of the Institution. More specifically, the national court review sanctions adopted against banks qualified as "less significant" for the purposes of centralised supervision and those adopted in implementation of ECB decisions. The essay focused on the administrative sanctions imposed by the ECB and the Bank of Italy on credit institutions and contained in ECB decisions and Bank of Italy measures, and on individuals linked to credit institutions but with acts adopted exclusively by the Bank of Italy. Such entities may challenge the individual sanctioning measures as directly as provided by Art. 263.4 TFEU and nationa procedures rules.