Judicial Review in the European Banking Union
Show Less

Judicial Review in the European Banking Union

Edited by Chiara Zilioli and Karl-Philipp Wojcik

This is the first book to offer a profound, practical analysis of the framework for the judicial and pre-judicial protection of rights under the supranational banking supervision and resolution powers in the European Banking Union (EBU). It is also unique in its in-depth commentary on the developing case law from the European Court of Justice in this new field of EU litigation.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 4: ADMINISTRATIVE PRE-LITIGATION REVIEW MECHANISM IN THE SRM: THE SRM APPEAL PANEL

Marco Lamandini and David Ramos Muñoz

Abstract

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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.