The paper analyses the new sphere of exclusive jurisdiction of the administrative judge introduced by the legislator as part of the reform of golden share regulations. Specifically, after having taken account of how leg. dec. 15 March 2012, no. 21 recognises the powers of a public shareholder in private companies as being of a clearly administrative nature, overruling any attempt to assign such shareholders a private nature, the question arises as to the effective usefulness and constitutional legitimacy (in relation to the reserve expressed as per arts. 25 and 103 of the Constitution) of the attribution of authority over such so-called ‘golden powers’ to the exclusive jurisdiction of the administrative judge. Finally, the paper considers how the real usefulness of assignment to the administrative judge, as part of exclusive jurisdiction, of authority over the so-called golden powers, is to extend the jurisdiction of the latter to disputes arising from appeals against sanctions imposed in the event of violation of the regulations as per leg. dec. no. 21 of 2012: specifically, pursuant to art. 134, para. 1, letter c) of the code of administrative procedure, the administrative judge may exercise, in such cases, an extended jurisdiction in relation to merit. The authority of the administrative judge over the sanctioning power of the public administration is therefore affirmed as a necessary integration of his/ her jurisdiction regarding public authority intervention in the economy.
Un nuovo ambito di giurisdizione del giudice amministrativo nel diritto dell’economia: la competenza esclusiva in materia di esercizio dei golden powers
ALLENA, MIRIAM
2012
Abstract
The paper analyses the new sphere of exclusive jurisdiction of the administrative judge introduced by the legislator as part of the reform of golden share regulations. Specifically, after having taken account of how leg. dec. 15 March 2012, no. 21 recognises the powers of a public shareholder in private companies as being of a clearly administrative nature, overruling any attempt to assign such shareholders a private nature, the question arises as to the effective usefulness and constitutional legitimacy (in relation to the reserve expressed as per arts. 25 and 103 of the Constitution) of the attribution of authority over such so-called ‘golden powers’ to the exclusive jurisdiction of the administrative judge. Finally, the paper considers how the real usefulness of assignment to the administrative judge, as part of exclusive jurisdiction, of authority over the so-called golden powers, is to extend the jurisdiction of the latter to disputes arising from appeals against sanctions imposed in the event of violation of the regulations as per leg. dec. no. 21 of 2012: specifically, pursuant to art. 134, para. 1, letter c) of the code of administrative procedure, the administrative judge may exercise, in such cases, an extended jurisdiction in relation to merit. The authority of the administrative judge over the sanctioning power of the public administration is therefore affirmed as a necessary integration of his/ her jurisdiction regarding public authority intervention in the economy.
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