Il principio dell’insindacabilità della valutazione del merito creditizio alla prova dei miniprestiti emergenziali integralmente coperti da garanzia pubblica (art. 13, comma 1, lett. m, d.l. 23/2020)

Abstract

Article 13, lett. m), of law decree n. 23/2020 introduced some measures in order to expand firm’s access to credit and counter the negative effects of COVID-19 pandemic. After providing an historical view of the italian legislation in the field of pubblic credit, the two authors argue that the aforementioned article, which in their view introduce a right to credit, is not an isolated case, given that the legislator had already introduced limits to the private autonomy of banks in presence of public subsidies. Moreover, according to the authors the duty to make credit and the limits and restrictive conditions for access to credit provided for by law exclude civil or criminal liability for unlawful granting of credit.