Insider Dealing and the Right Not to Be Tried or Punished Twice for the Same Conduct: a Comparison between the Italian and the English and Welsh Legal System. Time for Reforms?

This article compares the Italian and the English and Welsh systems of sanctions adopted for the suppression of insider dealing’s offences. In light of the decision in Grande Stevens and Others v. Italy, this article particularly focusses on the court’s compliance with the fundamental human right to the substantial ne bis in idem and on the powers that Parliaments entrusted to their national Security Exchange Commissions. Finally, by underlining pros and cons of the two legal systems, this article suggests some practical solutions to overcome the existing problems of double jeopardy and excess of powers.