The ‘judicial’ control of discretionary measures in banking and financial fields: the role of EU Courts (and Boards of Appeal)
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Massimo Condinanzi
Abstract
978 The paper aims at reflecting on the judicial control of the discretionary measures in banking and financial fields exercised by the EU Courts, as well as the ‘quasi-judicial’ control, in the same fields, exercised by the Boards of Appeal. Therefore, the present article firstly discusses the EU Courts’ general approach over discretionary acts, assessing the peculiarities of the cases related to decisions taken by banking authorities. Secondly, the papers assessesthe ‘new’ means of quasi-judicial accountability, i.e. SRB Appeal Panel and the ESAs JBoA, their jurisprudence vis-à-vis discretionary choices of EU banking authorities and whether and how their role could be enhanced for improving a greater accountability. Finally, the article discussesthe possible evolution of EU Courts in reviewing banking law, particularly after the 2015-2019 Reforms of CJEU Statute (and those currently ongoing).979
© 2022 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Frontmatter
- Introduction
- Inter-agency Cooperation Within the SRM: Legal and Operational Challenges for the Cooperation Between Banking Supervision and Resolution Authorities in the EU and With Third-country Authorities
- The Legal and Practical Challenges Which Arise in Recognition of Third-Country Resolution Action: A Case Study in Cooperation Between Banking Supervision and Resolution Authorities
- Panel I of the SRB Legal Conference – Legal and Operational Challenges That Arise in Respect of the Cooperation Between Banking Supervision and Resolution Authorities in the EU and in Respect of Their Cooperation with Third-Country Authorities
- The Financial Appeal Bodies of the European Union: Nature and Future of the Appeal Panel of the Single Resolution Board
- Some Reflections on the Standard of Review in the Experience of the ESAs Joint Board of Appeal and of the SRB Appeal Panel
- Legal Conference – Panel II – Role, Scope of Review and Significance of Internal Administrative Review Bodies in the Banking Union and in the European System of Financial Supervision
- The ‘judicial’ control of discretionary measures in banking and financial fields: the role of EU Courts (and Boards of Appeal)
- Administrative Discretion in U. S. Banking Regulation
- Panel III of the SRB Legal Conference – The Exercise of Administrative Discretion by Banking Authorities and the Need to Ensure Accountability; Perspectives From the EU and US
Articles in the same Issue
- Frontmatter
- Frontmatter
- Introduction
- Inter-agency Cooperation Within the SRM: Legal and Operational Challenges for the Cooperation Between Banking Supervision and Resolution Authorities in the EU and With Third-country Authorities
- The Legal and Practical Challenges Which Arise in Recognition of Third-Country Resolution Action: A Case Study in Cooperation Between Banking Supervision and Resolution Authorities
- Panel I of the SRB Legal Conference – Legal and Operational Challenges That Arise in Respect of the Cooperation Between Banking Supervision and Resolution Authorities in the EU and in Respect of Their Cooperation with Third-Country Authorities
- The Financial Appeal Bodies of the European Union: Nature and Future of the Appeal Panel of the Single Resolution Board
- Some Reflections on the Standard of Review in the Experience of the ESAs Joint Board of Appeal and of the SRB Appeal Panel
- Legal Conference – Panel II – Role, Scope of Review and Significance of Internal Administrative Review Bodies in the Banking Union and in the European System of Financial Supervision
- The ‘judicial’ control of discretionary measures in banking and financial fields: the role of EU Courts (and Boards of Appeal)
- Administrative Discretion in U. S. Banking Regulation
- Panel III of the SRB Legal Conference – The Exercise of Administrative Discretion by Banking Authorities and the Need to Ensure Accountability; Perspectives From the EU and US
