The ‘judicial’ control of discretionary measures in banking and financial fields: the role of EU Courts (and Boards of Appeal)

IF 1.3 Q1 LAW

European Company and Financial Law Review Pub Date : 2022-12-01 DOI:10.1515/ecfr-2022-0035

M. Condinanzi

引用次数: 0

Abstract

Abstract 978 The paper aims at reflecting on the judicial control of the discretionary measures in banking and financial fields exercised by the EU Courts, as well as the ‘quasi-judicial’ control, in the same fields, exercised by the Boards of Appeal. Therefore, the present article firstly discusses the EU Courts’ general approach over discretionary acts, assessing the peculiarities of the cases related to decisions taken by banking authorities. Secondly, the papers assessesthe ‘new’ means of quasi-judicial accountability, i.e. SRB Appeal Panel and the ESAs JBoA, their jurisprudence vis-à-vis discretionary choices of EU banking authorities and whether and how their role could be enhanced for improving a greater accountability. Finally, the article discussesthe possible evolution of EU Courts in reviewing banking law, particularly after the 2015-2019 Reforms of CJEU Statute (and those currently ongoing).979

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银行和金融领域自由裁量措施的“司法”控制：欧盟法院（和上诉委员会）的作用

摘要978本文旨在反思欧盟法院对银行和金融领域自由裁量措施的司法控制，以及上诉委员会在相同领域的“准司法”控制。因此，本文首先讨论了欧盟法院对自由裁量行为的一般做法，评估了与银行当局所做决定有关的案件的特点。其次，这些文件评估了准司法问责的“新”手段，即SRB上诉小组和ESA JBoA，他们对欧盟银行当局自由选择的判例，以及是否以及如何加强他们的作用，以提高问责制。最后，文章讨论了欧盟法院在审查银行法方面的可能演变，特别是在2015-2019年CJEU法规改革（以及目前正在进行的改革）之后。979

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来源期刊

European Company and Financial Law Review LAW-

CiteScore

1.00

自引率

16.70%

发文量

期刊介绍： In legislation and in case law, European law has become a steadily more dominant factor in determining national European company laws. The “European Company”, the forthcoming “European Private Company” as well as the Regulation on the Application of International Financial Reporting Standards (“IFRS Regulation”) have accelerated this development even more. The discussion, however, is still mired in individual nations. This is true for the academic field and – even still – for many practitioners. The journal intends to overcome this handicap by sparking a debate across Europe on drafting and application of European company law. It integrates the European company law component previously published as part of the Zeitschrift für Unternehmens- und Gesellschaftsrecht (ZGR), on of the leading German law reviews specialized in the field of company and capital market law. It aims at universities, law makers on both the European and national levels, courts, lawyers, banks and other financial service institutions, in house counsels, accountants and notaries who draft or work with European company law. The journal focuses on all areas of European company law and the financing of companies and business entities. This includes the law of capital markets as well as the law of accounting and auditing and company law related issues of insolvency law. Finally it serves as a platform for the discussion of theoretical questions such as the economic analysis of company law. It consists of articles and case notes on both decisions of the European courts as well as of national courts insofar as they have implications on European company law.