Giuseppe Sciascia

Banking union: the quasi-judicial review of supervisory and resolution decisions

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Abstract

The EU banking union is currently based on two pillars which present high degree of interinstitutional and decisional complexity. In the context of both the SSM and the SRM, two quasi-judicial bodies have been established so as to ensure a qualified and rapid review of decisions taken by the European supervisory and resolution authorities; these bodies will intervene upon request by affected individuals and, in some instances, national authorities. The paper analyzes the model of such internal review bodies under a EU administrative law perspective; a comparison with certain other existing internal bodies established to review the decisions of other EU agencies is presented. It is argued that the banking union does not present a defined and convergent model of review, but rather two innovative and similar systems which mirror the features of the mechanisms they are reffered to and further diversify the landscape of administrative review in European law.

Keywords

  • Law
  • Banking Union
  • European Central Bank
  • Single Resolution Board
  • Banks
  • Judicial Review

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