The Impact of Digital Technology on Italian Criminal Proceedings

n recent years, the litigation derived from the sanctioning powers of the financial and banking supervisory authorities is acquiring a certain stability, from which several theoretical and applicative questions arise with respect to the compliance with procedural safeguards. This contribution addresses one such aspects, focusing on the right to an effective remedy. The right will be examined to ascertain whether, or to what extent, the means of appeal provided for in the sector can guarantee effective and not merely illusory protection to defence and fair trial rights of the persons sanctioned by the supervisory authorities - a crucial question, especially when the sanctions are substantially criminal in nature. The paper focuses on the European level and, more specifically, on the appeal mechanisms against decisions issued by the Single Supervisory Mechanism (SSM) and the European Supervisory Authorities. In these terms, the contribution analyses the notion of an effective remedy in relation to “complex economic assessments” à coloration pénale. It will discuss, in particular, the adequacy of the current remedy structure in the European landscape, with regard to the jurisdiction of the Court of Justice and the spread of so called quasi-judicial bodies.