The Application of National Law and Composite Procedures in the Single Supervisory Mechanism. Did the Court of Justice of the EU find a New Van Gend en Loos?

Abstract

The Single Supervisory Mechanism (SSM) represents the most recent legal novelty in EU law. The SSM has created a hybrid dual administration formed by both national and European authorities. The application of national law and composite procedures make it more difficult to distinguish, in practice, which courts should be responsible for evaluating the legality of the measures adopted. This article attempts to analyse the existence of a gap in the current system of legal protection, and suggests some proposals to continue to guarantee access to courts and a complete and coherent system of judicial remedies under EU law. A possible extension of the approach used by the Court of Justice in the Rimšēvičs case could be considered in areas where there is a less marked distinction between EU and national law, such as in the SSM. Following this principle, the Court should be able to directly annul any national act that contravenes EU law.