La proporzionalità delle sanzioni amministrative nella giurisprudenza costituzionale. Questioni di sostanza e questioni di processo

The paper draws up a reflection regarding the proportionality of administrative sanctions starting from the most recent constitutional jurisprudence, in particular from sentence n. 40 of 2023. The reflection examines the topic from the aspect of both its substantive and procedural implications. Under the first point of view, reference is made to the qualification of proportionality as a right or as a principle and to the consequences of preferring one or the other definition. Under the second point of view, it is investigated the sustainability of the so-called “schema Modugno”, noting its critical points and proposing new rules of procedural method that impose recourse to “rime obbligate” only as an extrema ratio.