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 13: BANKING UNION AND THE CHARTER OF FUNDAMENTAL RIGHTS

Niamh Moloney

Abstract

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.

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.