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10 years of banking union case law : how did CJEU judgments shape supervision and resolution practice in the banking union?
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European Parliament; Economic Governance and EMU scrutiny Unit (EGOV); Directorate-General for Internal Policies; Study; 2024/PE 760.271
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PETIT, Christy Ann, BECK, Thorsten Harald Leopold, 10 years of banking union case law : how did CJEU judgments shape supervision and resolution practice in the banking union?, European Parliament, Economic Governance and EMU scrutiny Unit (EGOV), Directorate-General for Internal Policies, Study, 2024/PE 760.271 - https://hdl.handle.net/1814/77911
Abstract
This paper discusses EU case law developed over the past decade relating to decisions taken by the European Central Bank within the Single Supervisory Mechanism (SSM) and within the Single Resolution Mechanism (SRM). The cases centre around embracing and solidifying the BU framework, inter alia, with the admissibility to challenge ECB’s supervisory and licence withdrawal decisions, the application of national law by the ECB in its supervisory competence and the methodology attached to the setting of administrative pecuniary penalties. Other cases concern the determination of the ex-ante contributions to the Single Resolution Fund, the perimeter of resolution decision-making, and the responsibility of the decision-making bodies involved in the resolution process.
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Published online: 03 October 2024