Problematiche relative al procedimento sanzionatorio di Consob… a dieci anni dalla sentenza Grande Stevens

The paper identifies certain principles of procedural relevance established bythe Grande Stevens judgment of the European Court of Human Rights (ECtHR, 4 March 2014, application no. 1860/10, Grande Stevens and Others v. Italy) and evaluates their impact on the Consob sanctioning procedure. The critical analysis of the Commission’s sanctioning procedures regulation is conducted through an examination that compares the guidelines provided by the jurisprudence of the Constitutional Court, the Consiglio di Stato, the Court of Justice of the European Union, and the European Court of Human Rights with the contrary position of the Corte di Cassazione. The comprehensive examination of the provisions set forth by the Commission leads to the formulation of a negative assessment regarding both their formulation and application, which prompts a call for corrective intervention by the legislator.