Edited by Chiara Zilioli and Karl-Philipp Wojcik
Chapter 4: ADMINISTRATIVE PRE-LITIGATION REVIEW MECHANISM IN THE SRM: THE SRM APPEAL PANEL
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.
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