In the much-awaited Judgment No. 63, filed on March 21, 2019 and published on March 27, 2019 on Issue No. 13 of the Italian Official Gazette, the Italian Constitutional Court found that the principle of retroactive application of the most favorable law applies to the administrative penalties set forth under Legislative Decree No. 58 of
Francesco De Biasi
Internal Investigations and Public Enforcement: Italy at a Glance
By Francesco De Biasi, Andrea Mantovani & Alessandra Anselmi on
Internal investigations and public enforcement actions often pose legal issues involving multiple practice areas and jurisdictions.
In Italy, internal investigations may concern criminal, corporate, contract, data protection and labor law issues.
In the past, internal investigations in Italy tended to be mainly “reactive,” responding to public enforcement activities. The challenge in these investigations was balancing complying with disclosure obligations in relation to public enforcement authorities with volunteering confidential or disproportionate information.
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