Judicial review in the European Banking Union
edited by Chiara Zilioli, Karl-Philipp Wojcik.
Bok Engelsk 2021 · Electronic books.
| Medvirkende | |
|---|---|
| Omfang | 1 online resource (672 pages).
|
| Opplysninger | 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 / EÌdouard 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 MunÌoz -- 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 HernaÌndez 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 GruÌnewald -- 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 CreÌdit Mutuel Ark.a case: central bodies and the SSM, and the interpretation of national law by the ECJ / Francesco Martucci -- 31. The CreÌdit 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.. - 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.
|
| Emner | |
| Sjanger | |
| Dewey | |
| ISBN | 1-80037-320-1
|
