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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Chapter 17: THE INVESTIGATORY POWERS, INCLUDING ON-SITE INSPECTIONS, OF THE ECB, AND THEIR JUDICIAL CONTROL

Daniel Segoin

Abstract

This contribution intends to describe the range of investigatory powers granted to the ECB to carry out the tasks conferred on it with the creation of the SSM. These powers embrace a very large scope but are also subject to a set of material conditions that are here analysed. Additionally, the rights and prerogatives enjoyed by credit institutions when being subject to the ECB’s investigatory powers are discussed. These elements form the core of what a potential review by the CJEU will focus on.

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