Effective Legal Protection in Banking Supervision

Author: Laura Wissink
Publisher: Europa Law Publishing
ISBN: 9789462512528
Published In: February 2021
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,037.40

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This book provides an in-depth analysis of the effectiveness of legal protection in the composite procedures in place within the Single Supervisory Mechanism (SSM), established to ensure an effective prudential banking supervision within the euro area. This system, in which the European Central Bank and national prudential banking supervisors closely cooperate, results in a far-reaching shared administration entailing supervisory decisions based on complex composite administrative procedures which involve both EU and national legal orders.

The current system of legal protection seems not yet fully-fledged to the reality of increasingly far-reaching forms of shared administration for the implementation of EU law. This book addresses the tension between ensuring effective supervision, by means of a shared administration, and ensuring effective legal protection in composite administrative procedures. To arrive at a meaningful discussion of the SSM’s far-reaching shared administration, it categorizes the composite procedures in place within the SSM in such a way that other shared administrations in fields of law such as the European Structural Funds, fisheries, and the Single Resolution Mechanism may also benefit from its insights.

The book not only discusses the challenges for the effectiveness of legal protection within the SSM, but also seeks to provide solutions within the current EU system of legal remedies and procedures as well as possible long-term solutions.

Chapter 1. Introduction

Chapter 2. The Single Supervisory Mechanism

Chapter 3. Assessment Framework

Chapter 4. Common Procedures

Chapter 5. Bottom-up Procedures in Ongoing Supervision

Chapter 6. Top-down Procedures in Ongoing Supervision

Chapter 7. Investigations and Sanctions of a Criminal Nature

Chapter 8. Observations, Findings and Recommendations

Chapter 9. Epilogue