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Ireland / Regional Administrative Tribunal / 179

Private complainant v. The Ministry of Defence

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Piedmont Regional Administrative Tribunal
Type:
Decision
Decision date:
04/02/2016

Key facts of the case: 

The complainant is a member of the Italian army: he was subjected to a disciplinary sanction in July 2014, which was then cancelled following an internal complaint. For the same case, an additional disciplinary sanction was imposed in December 2014. After the internal complaint against this new sanction had been rejected, the case was brought before the Piedmont Regional Administrative Tribunal. The complainant stressed – among other procedural errors– the alleged illegitimacy of being imposed a disciplinary sanction more than once for the same cause of action, in breach of Article 97 of the Italian Constitution. 

Outcome of the case: 

According to the court, in the light of the abovementioned legislation, since upon adoption of the second sanction no further information or details emerged that could justify an additional proceeding, that sanction shall be considered invalid.