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Judicial review in the European Banking Union
Title
Judicial review in the European Banking Union / edited by Chiara Zilioli (general counsel of the European Central Bank and professor of law, J.W. Goethe University Frankfurt, Germany) and Karl-Philipp Wojcik (general counsel of the EU Single Resolution Board and lecturer of law, Law Faculty, University of Bonn, Germany).
ISBN
9781800373204 (e-book)
Publication
Cheltenham, UK : Edward Elgar Publishing Limited, 2021.
Physical Description
1 online resource (672 pages).
Summary
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. Key features include: clarity on the procedural requirements for judicial review; a comprehensive commentary on the existing case law of EU courts in the field; insight and analysis from front-line practitioners, as well as expert scholars; a detailed and up-to-date examination of banking supervision and resolution in the EBU; discussion of the development of EBU law as a crucial area of EU law and its integration into the EU's legal order. This book is a must-read for practitioners in the field of banking law and regulation. In particular it will be the authoritative reference point for those working in European and national public institutions such as supervisory and resolution authorities, courts, central banks and ministries of finance, as well as those working in or advising private organisations concerned with the exercise of supervisory and resolution powers. The book will also be of significant interest to scholars and postgraduate students of EU financial and banking law and governance.
Format
Books
Language
English
Added to Catalog
September 08, 2021
Series
Elgar financial law and practice series.
Bibliography
Includes bibliographical references and index.
Contents
Contents: Foreword by Lady Mary Arden
1. European Banking Union: a giant step towards European integration and a challenge for judicial review / Chiara Zilioli and Karl-Philipp Wojcik
PART I COMMON ASPECTS OF JUDICIAL REVIEW IN THE BANKING UNION
2. Democratic accountability within the framework of the SSM and the SRM as a complement to judicial review / Édouard Fernandez-Bollo
3. Administrative pre-litigation review mechanism in the SSM: The Administrative Board of Review / Eleni Koupepidou
4. Administrative pre-litigation review mechanism in the Single Resolution Mechanism (SRM): The SRM Appeal Panel / Marco Lamandini and David Ramos Muñoz
5. Private law in Banking Union litigation / Matthias Haentjens
6. Jurisdiction, locus standi and the circulation of judgments in the Banking Union / Matthias Lehmann
7. Composite procedures in the SSM and SRM - an analytical overview / Filipe Brito Bastos
8. Procedural and judicial implications of composite procedures in the Banking Union / Vittorio Di Bucci
9. The judicial review of discretion in the Banking Union: from 'soft' to 'hard(er)' look? / Michael Ioannidis
10. Procedural law requirements for conducting administrative procedures by the ECB and the SRB / Klaus Lackhoff
11. Confidentiality and access to documents in the Banking Union / Daniel Sarmiento
12. Interim relief / Emilie Yoo
13. Banking Union and the Charter of Fundamental Rights / Niamh Moloney
14. The liability of authorities in supervisory and resolution activities / Martina Almhofer
PART II SPECIFIC ASPECTS OF JUDICIAL REVIEW WITHIN THE SSM PILLAR OF THE BANKING UNION
15. The application of national law by the ECB, including options and discretions, and its impact on the judicial review / Andreas Witte
16. Banking authorisations and the acquisition of qualifying holdings as unitary and composed procedures and their judicial review / Giorgio Buono
17. The investigatory powers, including on-site inspections, of the ECB, and their judicial control / Daniel Segoin
18. The legal review of ECB instructions under Article 9 SSM Regulation / Carmen Hernández Saseta
19. The legal review of SSM administrative sanctions / Raffaele D'Ambrosio
20. The ECB's regulatory powers, their scope and their judicial review / Alberto de Gregorio Merino
21. Close cooperation and aspects of judicial review / Agnese Pizzolla
PART III SPECIFIC ASPECTS OF JUDICIAL REVIEW WITHIN THE SRM PILLAR OF THE BANKING UNION
22. Resolving a bank - judicial review with regard to the exercise of resolution powers / Jens-Hinrich Binder
23. Judicial control of resolution planning measures / Seraina Grünewald
24. The procedure to exercise investigatory powers, including on-site inspections, by the SRB and their judicial control / Jakub Kerlin
25. The judicial review of fines and penalty payments set by the SRB / Leo Flynn
26. Judicial review of the SRB's contributions and fees decisions / Myrte Meijer Timmerman Thijssen
27. Judicial control of the interface between the ECB and the SRB in the SRM / Anna Gardella
28. State aid and bank resolution law before the Court / Kathrin Blanck
PART IV CASE NOTES OF THE FIRST BANKING UNION CASES IN THE GENERAL COURT AND IN THE ECJ
29. A Prime for the SSM before the Court: the L-Bank case / Antonio Luca Riso
30. The Crédit Mutuel Ark.a case: central bodies and the SSM, and the interpretation of national law by the ECJ / Francesco Martucci
31. The Crédit Agricole cases: banking corporate governance and application of national law by the ECB / Christos V. Gortsos
32. The Trasta Komercbanka cases: withdrawals of banking licenses and locus standi / Giorgia Marafioti
33. Silvio Berlusconi and William of Ockham: Entia non sunt multiplicanda sine necessitate - Case C-219/17 / Giovanni Bassani
34. The VQ case T-203/18: administrative penalties by the ECB under judicial scrutiny / Laura Wissink
35. Overview on the litigation on the 'ex ante contributions' to the SRF: the strict standard of review adopted by the Court to ensure effective legal protection / Concetta Brescia Morra and Federico Della Negra
36. Public interest for resolution action in the light of the ABLV cases / Audronė Steiblytė
37. The VTB case: administrative penalties and administrative measures / Jeanne Poscia
Index.
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Electronic books.
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