CASE COMMENTS: REGULATORY - FINANCIAL REGULATION - REGULATORY AUTHORITY – CRIMINAL PROCEEDINGS – CUMULATION OF PENALTIES

Financial regulation : The French Constitutional Council declares contrary to the Constitution under certain conditions the cumulative application of administrative and criminal sanctions (M. John L.)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cons. const. 18 March 2015, Mr. John L., No. 2014-453/454 QPC and 2015-462 QPC On 18 March 2015, the Constitutional Council issued a decision that determines the conditions under which the same facts may be the subject of criminal proceedings by the judicial judge and administrative proceedings by a regulatory authority. In the present case, the provisions of the Monetary and Financial Code were at issue, providing, on the one hand, for the criminal punishment of insider trading and, on the other hand, for an administrative sanction for insider misconduct. Pursuant to Article 61-1 of the Constitution, the Constitutional Council answered three priority

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  • University Paris II Panthéon‑Assas

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Francesco Martucci, Financial regulation : The French Constitutional Council declares contrary to the Constitution under certain conditions the cumulative application of administrative and criminal sanctions (M. John L.), 18 March 2015, Concurrences N° 2-2015, Art. N° 73200, pp. 182-184

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