Administrative penalties

The contribution deals with the application of the principle of proportionality in the jurisprudence developed by national courts, the Court of Justice and the European Court of Human Rights to sanctions in the context of urban planning and construction. To this end, it first analyses the traditional categories of sanctions as they have been developed by national case-law. Secondly, it evaluates whether and how the principles developed by CJEU and ECHR have led to change.

This article critically analyzes the regulation of administrative penalties, starting with Decree Law No. 19/2020, that have the intention of sanctioning conduct that has the potential to increase the spread of Covid-19.