Bank Resolution and the European Convention on Human Rights – A Note from the UK

Abstract

This note considers human rights review of resolution decisions and processes – a context in which property rights can be limited or suspended given the operation of resolution decisions, including bail-in and sale decisions – in the context of the UK resolution regime and the relevance of the European Convention on Human Rights (the Convention) and the Charter of Fundamental Rights of the EU (the Charter) following the withdrawal of the UK from the EU. It outlines the UK framework, considers the current approach to rights review, and closes with the implications of the UK withdrawal from the EU on rights review, ex ante and ex post, against the Convention and Charter.