Short paper related to the judicial review of administrative courts about decisions taken by the Bank of Italy

Abstract

The aim of the paper is to understand wich limits are related to the judicial review of the administrative courts and their jurisdiction in the italian administrative experience, especially with reference to the supervisory decision of the Bank of Italy. Since that the Bank of Italy is now considered as an independent administrative authority, Italian law doesn’t require a substitutive review of the merits of administrative decisions. Also the art. 6 European Convention on Human Rights (ECHR) doesn’t require a substitutive review of the merits of administrative decisions regarding civil rights. This assumption is related to the concrete application of the principle of separation of powers