Tokens: 21
.
In
its
discussion
of
Varvara
,
the
Italian
Constitutional
Court
claimed
that
it
was
a
“
consolidated
principle
”
of
European
law
that
a
“
penalty
”
could
be
applied
by
an
administrative
authority
provided
it
was
subject
to
judicial
review[97
]
.
In
this
connection
,
it
was
“
thus
doubtful
that
the
Varvara
judgment
did
indeed
pursue
the
path
indicated
by
both
of
the
referring
courts
by
introducing
an
element
of
disharmony
into
the
broader
ECHR
context
”
.
Therefore
,
reasoned
the
Constitutional
Court
,
when
it
came
to
the
meaning
of
“
conviction
”
,
what
the
Court
“
had
in
mind
”
in
its
Varvara
judgment
was
not
“
the
form
of
the
ruling
by
the
court
”
(
that
is
,
a
formal
finding
of
guilt
)
but
instead
,
“
the
substance
which
necessarily
accompanies
such
a
ruling
where
it
imposes
a
criminal
punishment
pursuant
to
Article
7
of
the
ECHR
,
that
is
,
a
finding
of
responsibility
”
.
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