The Deterrent Effect of Financial Sanctions Pursuant to Article 260(2) tfeu in the Context of Violations of Environmental Obligations

Abstract

The paper aims at understanding whether financial sanctions pursuant to Article 260(2) tfeu have a deterrent effect in relation to specific types of State breaches, namely environmental ones. Spanning three parts, the paper examines how the different type of infringement affects the effectiveness of the payment of financial sanctions, and how these are not equally effective in relation to all types of breaches. Subsequently, it studies the features and issues of the Italian cases. On the bases on this empirical analysis, the article will try to answer the research question. Finally, proposals for amendments will be drawn up, assessing the feasibility of other forms of sanctions.