Description
Book SynopsisThis is the first book to offer a profound, practical analysis of the framework for the judicial and pre-judicial protection of rights under the supranational banking supervision and resolution powers in the European Banking Union (EBU). It is also unique in its in-depth commentary on the developing case law from the European Court of Justice in this new field of EU litigation.
Key features include:
- clarity on the procedural requirements for judicial review
- a comprehensive commentary on the existing case law of EU courts in the field
- insight and analysis from front-line practitioners, as well as expert scholars
- a detailed and up-to-date examination of banking supervision and resolution in the EBU
- discussion of the development of EBU law as a crucial area of EU law and its integration into the EU’s legal order.
This book is a must-read for practitioners in the field of banking law and regulation. In particular it will be the authoritative reference point for those working in European and national public institutions such as supervisory and resolution authorities, courts, central banks and ministries of finance, as well as those working in or advising private organisations concerned with the exercise of supervisory and resolution powers. The book will also be of significant interest to scholars and postgraduate students of EU financial and banking law and governance.
Trade Review‘With this edited volume, Zilioli and Wojcik, two esteemed experts in the area, present a very comprehensive, but tightly focused analysis of judicial and pre-judicial review mechanisms in the EU for the financial sector. By assembling a very useful set of tools for everyone involved in this field, the volume provides an essential support for further developing the new branch of litigation as a part of supranational administrative law.’ -- Cornelia Manger-Nestler, Common Market Law Review
‘The book covers an evolving topic that becomes more relevant each day as the European Economic and Monetary Union (EMU) is deepened and is therefore a good addition to any law library.’ -- Jenny Gesley, International Journal of Legal Information
‘The European banking union has led to the creation of a unique legal framework in which national and European authorities and rules governing banking supervision and resolution procedures are intertwined. This brings about many challenging and interesting questions with regard to judicial protection of banks, shareholders and other stakeholders that are currently emerging into a whole new branch of litigation before the European courts. This book gathers contributions by highly recognized practitioners and researchers that have closely followed the developments from the very beginning and gives a comprehensive and problem-oriented overview of current questions as well as possible future developments. It is therefore a highly useful tool for everyone working in this field.’Table of ContentsContents: Foreword by Lady Mary Arden xxiii 1. European Banking Union: a giant step towards European integration and a challenge for judicial review 1 Chiara Zilioli and Karl-Philipp Wojcik PART I COMMON ASPECTS OF JUDICIAL REVIEW IN THE BANKING UNION 2. Democratic accountability within the framework of the SSM and the SRM as a complement to judicial review 17 Édouard Fernandez-Bollo 3. Administrative pre-litigation review mechanism in the SSM: The Administrative Board of Review 28 Eleni Koupepidou 4. Administrative pre-litigation review mechanism in the Single Resolution Mechanism (SRM): The SRM Appeal Panel 44 Marco Lamandini and David Ramos Muñoz 5. Private law in Banking Union litigation 59 Matthias Haentjens 6. Jurisdiction, locus standi and the circulation of judgments in the Banking Union 77 Matthias Lehmann 7. Composite procedures in the SSM and SRM – an analytical overview 97 Filipe Brito Bastos 8. Procedural and judicial implications of composite procedures in the Banking Union 114 Vittorio Di Bucci 9. The judicial review of discretion in the Banking Union: from ‘soft’ to ‘hard(er)’ look? 130 Michael Ioannidis 10. Procedural law requirements for conducting administrative procedures by the ECB and the SRB 146 Klaus Lackhoff 11. Confidentiality and access to documents in the Banking Union 165 Daniel Sarmiento 12. Interim relief 194 Emilie Yoo 13. Banking Union and the Charter of Fundamental Rights 209 Niamh Moloney 14. The liability of authorities in supervisory and resolution activities 221 Martina Almhofer PART II SPECIFIC ASPECTS OF JUDICIAL REVIEW WITHIN THE SSM PILLAR OF THE BANKING UNION 15. The application of national law by the ECB, including options and discretions, and its impact on the judicial review 236 Andreas Witte 16. Banking authorisations and the acquisition of qualifying holdings as unitary and composed procedures and their judicial review 251 Giorgio Buono 17. The investigatory powers, including on-site inspections, of the ECB, and their judicial control 285 Daniel Segoin 18. The legal review of ECB instructions under Article 9 SSM Regulation 304 Carmen Hernández Saseta 19. The legal review of SSM administrative sanctions 316 Raffaele D’Ambrosio 20. The ECB’s regulatory powers, their scope and their judicial review 333 Alberto de Gregorio Merino 21. Close cooperation and aspects of judicial review 345 Agnese Pizzolla PART III SPECIFIC ASPECTS OF JUDICIAL REVIEW WITHIN THE SRM PILLAR OF THE BANKING UNION 22. Resolving a bank – judicial review with regard to the exercise of resolution powers 367 Jens-Hinrich Binder 23. Judicial control of resolution planning measures 395 Seraina Grünewald 24. The procedure to exercise investigatory powers, including on-site inspections, by the SRB and their judicial control 416 Jakub Kerlin 25. The judicial review of fines and penalty payments set by the SRB 429 Leo Flynn 26. Judicial review of the SRB’s contributions and fees decisions 443 Myrte Meijer Timmerman Thijssen 27. Judicial control of the interface between the ECB and the SRB in the SRM 461 Anna Gardella 28. State aid and bank resolution law before the Court 473 Kathrin Blanck PART IV CASE NOTES OF THE FIRST BANKING UNION CASES IN THE GENERAL COURT AND IN THE ECJ 29. A Prime for the SSM before the Court: the L-Bank case 494 Antonio Luca Riso 30. The Crédit Mutuel Ark.a case: central bodies and the SSM, and the interpretation of national law by the ECJ 504 Francesco Martucci 31. The Crédit Agricole cases: banking corporate governance and application of national law by the ECB 510 Christos V. Gortsos 32. The Trasta Komercbanka cases: withdrawals of banking licenses and locus standi 521 Giorgia Marafioti 33. Silvio Berlusconi and William of Ockham: Entia non sunt multiplicanda sine necessitate – Case C-219/17 530 Giovanni Bassani 34. The VQ case T-203/18: administrative penalties by the ECB under judicial scrutiny 542 Laura Wissink 35. Overview on the litigation on the ‘ex ante contributions’ to the SRF: the strict standard of review adopted by the Court to ensure effective legal protection 551 Concetta Brescia Morra and Federico Della Negra 36. Public interest for resolution action in the light of the ABLV cases 564 Audronė Steiblytė 37. The VTB case: administrative penalties and administrative measures 571 Jeanne Poscia Index 579
