Marco Lamandini and David Ramos Muñoz
Administrative appeal, or administrative review bodies seem to be the tool of choice to enhance expert review and accountability in fields overseen by regulatory agencies. This offers opportunities, but also poses risks, and thus present policymakers with important choices to make. Those choices should be based on both an ex ante assessment, but also on the ex post verification of appeal bodies’ practical functioning. This chapter offers some lessons drawn from the first years of experience of the AP of the Single Resolution Board (‘SRB’). The chapter outlines its institutional design and the main substantive and procedural issues arisen in the cases so far decided by both bodies. It offers a view ‘from the inside’, which shows not only the AP’s certainties, but also its challenges. The chapter concludes by offering a preliminary stocktaking and reflections on a possible way forward to enhance its complementary and supporting role to the CJEU.
Katherine Hunt, Marco Lamandini and David Ramos Muñoz
The chapter investigates whether inclusive niche ethical banks and MFIs which build business models around serving the previously financially excluded can be helped, or ‘nudged’ into building business models that are also financially robust. We posit that they can, and that once this is achieved, the sector can tap resources that may dwarf corporate social responsibility (CSR) programmes in terms of social impact. Today, these financial institutions are still marginal, but they clearly represent one of the greatest opportunities of our times: to achieve financial inclusion (also) via the private sector. The chapter argues that regulation and self-regulation in this sector could and should bolster this shift, and that rules should be designed to help achieve this purpose. This, in turns, means, first, ‘nudging’ ethical niche banks and MFIs towards self-sustainability choices, and, secondly, helping all other banks to pilot a transition towards more socially responsible and inclusive banking.