The European Banking Union in the Case Law of the Court of Justice of the European Union

Chiti, Mario P.

doi:10.1007/978-3-030-13475-4_6

Cited by 6 publications

(1 citation statement)

References 7 publications

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“…It becomes therefore essential to ensure that full and effective judicial protection is guaranteed to individuals in respect of such supervisory decisions. Among the various issues related to the judicial protection of the addressees of the ECB banking supervision (Chiti M.P., 2019;Cassese et al, 2018;Brescia Morra, 2016;Arons, 2015;Annunziata, 2019), little attention has so far been paid to the question of the intensity of judicial scrutiny on ECB supervisory decisions. Building upon the analysis of the first judgments of the General Court, the present article aims to contribute to the academic debate on the standards of judicial control of discretionary measures in the field of EU banking supervision.…”

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Intensity of Judicial Review of the European Central Banks’s Supervisory Decisions

Magliari

2019

CEPAR

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A few years after the establishment of the Single Supervisory Mechanism, the General Court of the European Union, in its new supervisory role, annulled for the first time the decisions adopted by the European Central Bank (ECB). These judgments are of particular interest because they allow a preliminary investigation of the intensity of judicial review of the ECB's discretionary choices in the field of banking supervision. This article claims that the first case law of the General Court points to several interesting developments and indicates the resolve to carry out a judicial review which, although adhering strictly to the "limited review" standard, does not shy away from developing judicial techniques to ensure a more incisive scrutiny of the discretion enjoyed by the ECB. Despite the novelty of the issues brought to the attention of the EU judges, it seems possible as a result of this study to envisage, on the one hand, a gradual alignment of the scrutiny of supervisory decisions with those emerged in relation to the Commission's decisions on competition matters. On the other hand, a differentiation from the "light touch" approach adopted in the field of monetary policy can be observed.

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Intensity of Judicial Review of the European Central Banks’s Supervisory Decisions

Magliari

2019

CEPAR

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The Systems and Mechanisms of the European Central Bank and National Central Banks

Gortsos

2020

Palgrave Macmillan Studies in Banking and Financial Institutions

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The Specific Supervisory Tasks of the European Central Bank and Its Cooperation with National Competent Authorities

Gortsos¹

2020

Palgrave Macmillan Studies in Banking and Financial Institutions

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The European Banking Union in the Case Law of the Court of Justice of the European Union

Cited by 6 publications

References 7 publications

Intensity of Judicial Review of the European Central Banks’s Supervisory Decisions

Intensity of Judicial Review of the European Central Banks’s Supervisory Decisions

The Systems and Mechanisms of the European Central Bank and National Central Banks

The Specific Supervisory Tasks of the European Central Bank and Its Cooperation with National Competent Authorities

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