Judicial Review in the European Banking Union
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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.
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Niamh Moloney


This chapter considers how the EU’s Charter of Fundamental Rights interacts with Banking Union, particularly as regards judicial review and the related legitimation of ECB acts. There are only two leading cases on the ECB and the Charter, but they underline the extent of the Charter’s reach over ECB action. The potential for judicial review of ECB action may, accordingly, be significant, particularly given the wide range of operational activities the ECB engages in within Banking Union and the implications for property rights in particular. Nonetheless, the restrictions which can be applied to the application of Charter rights are likely to limit the extent to which ECB action is judicially reviewed. Specifically, the deference the Court of Justice typically shows to financial stability justifications for ECB action suggests that successful causes of action will be rare. Political accountability as regards the Charter, remains, however, a significant element of the ECB’s legitimation arrangements.

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