La full jurisdiction sulle sanzioni amministrative : continuità della funzione sanzionatoria v. separazione dei poteri

The essay aims at showing that the concept of full jurisdiction as an instrument of ex post compensation of the shortcomings of the administrative phase has found in the criminal field (i.e., in relation to administrative sanctions) its most coherent expression. In particular, in this field, no administrative merit is conceivable. By contrast, a full continuity between the powers exercised respectively by the Administration and the Court needs to be recognized, with the result that the Court should be vested with the power of an ex novo and integro examination of all the grounds of the sanction. In other terms, between separation of powers and the kelsenian idea of the logic identity among the public functions of application of the law in the concrete cases, the latter should prevail.