Failing or likely to fail: banking union cooperation tested since 2017

ABSTRACT The creation of the Banking Union (BU) has been a significant leap towards further integration in the euro area. BU cooperation is critical for efficient supervisory and resolution actions, even more so for cross-border banks that may face legal and institutional differentiation. Cooperation takes place within the two BU pillars – the Single Supervisory Mechanism and the Single Resolution Mechanism – and together with authorities of non-participating Member States and of third countries in a cross-border setting. The Article examines how the two mechanisms dealt with Failing or Likely to Fail (FOLTF) and resolution cases from 2017 until early 2022. FOLTF cases have tested existing cooperation frameworks and prompted new cooperation vehicles and mechanisms within the BU, in its immediate EU periphery and with third countries. Cooperation is a prerequisite of functioning mechanisms; it lays the foundations for further integration within the BU; and helps consolidating equivalence with third countries.