1. The Administrative Board of Review of the European Central Bank: Experience After 2 Years
- Author
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Andrea Magliari, René Smits, Concetta Brescia Morra, Brescia Morra, Concetta, Smits, René, Magliari, Andrea, and ACELG (FdR)
- Subjects
Legislation ,Accounting ,Political Science and International Relation ,Public administration ,01 natural sciences ,Banking union ,Fit and proper ,Financial sector review panel ,Political science ,Bank holding supervision ,0103 physical sciences ,Administrative review ,Prudential supervision ,Business and International Management ,010306 general physics ,Composition (language) ,0505 law ,050502 law ,European Union law ,Scope (project management) ,business.industry ,05 social sciences ,Legislature ,European Central Bank ,Political Science and International Relations ,Mandate ,business ,Inclusion (education) ,Law - Abstract
This article examines the administrative remedy provided by the Administrative Board of Review (ABoR) of the European Central Bank (ECB), as part of the broader issue of the right of defence of natural and legal persons vis-Ã -vis ECB supervisory decisions within the Single Supervisory Mechanism (SSM). After presenting an overview of the review panels established in the financial sector in the EU, the article describes the experience with the ABoR by analysing its composition, its mandate and scope of review, the main procedural aspects and the relationship with judicial proceedings before the European Court of Justice. Particular attention is given to the substantial issues dealt with by the ABoR in its Opinions and to some of the major challenges faced in the first 2Â years of practice. Among them is the assessment of the correct application of national laws implementing EU legislation by the ECB. The paper identifies two aspects giving particular cause for concern and requiring legislative reforms: (1) the assessment of the suitability of the members of management bodies (fit and proper assessment) and (2) the inclusion of bank holding companies within the scope of banking supervision.
- Published
- 2017
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