Punitive power of the public administration and discretion: functional and structural aspects

Abstract

The paper analyzes the punitive power of the public administration in its functional and structural aspects. From the first point of view, it analyzes the role of public interest; while, in the structural perspective, it examines the spaces of discretion that may be afforded to administrative authorities. The study concludes by reflecting on the constitutional positioning of administrative sanctioning powers within the broader legal framework, considered through the lens of the so-called borrowing theory.