Trimarchi, “Funzione di regolazione e potere sanzionatorio delle Autorità indipendenti” (above) doubts and stresses the point that the argument is based “on the disputed distinction between administrative discretion, which is assumed to exist in the sanctions issued by the independent authorities, and the judicial discretion, which is assumed to exist - by analogy with the alla punishment - in the sanctions governed by Law 689/1981”. One of the elements which can support the thesis that the sanctions issued by the independent authorities are expedient to the regulation is the discretion allowed to the independent authorities in determining the amount (see E. Bani, Il potere sanzionatorio delle Autorità indipendenti (Torino: Giappichelli), 2000, p. On the sanctioning power of the independent authorities as an enforcement tool of the regulation, see E.
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