87510 - European Financial Supervision: Administrative and Judicial Proceedings

Learning outcomes

This course shall offer an in-depth analysis of the SSM and SRM in action, as they work in the day-to-day practice. It shall focus on the proceedings for the adoption of the supervisory, resolution and sanctioning decisions and on the ones aimed at the internal (ABoR, Appeal Panel) and judicial (national courts, CJEU) review of said decisions. Starting from a description of the allocation of tasks and powers within the SSM and the SRM, the course will concentrate on the different features of the said proceedings, depending on the nature of the decisions (whether supervisory, resolution or sanctioning ones) and on the level (whether national, EU or both national and EU) of the jurisdictions involved Cooperation and exchange of information amongst the SSM and SRM authorities will be investigated. Students shall be confronted with recent case law of the internal review bodies and the EU and national Courts.

Course contents

• 21 April (16-19) SSM: allocation of tasks and powers between the ECB and the NCAs and organisational issues (D’Ambrosio 2h) + Macro-prudential issues (Salomone 1h)

  Law and practice of the Banking Union and of its governing Institutions (I.A and I.B)

• 22 April (10-13) SSM: safeguards applicable to supervisory and sanctioning procedures (Villani, Droghini 3h)

  Law and practice of the Banking Union and of its governing Institutions (III, VI.A, VI.B)

• 29 April (16-19) Early intervention measures, recovery plans, resolution plans, MREL (Crapanzano, Cossa 3h)

  Law and practice of the Banking Union and of its governing Institutions (VII.A, VII.B, VIII.B)

• 30 April (10-13) SRM: allocation of tasks and powers between the SRB and the NRAs and organisational issues (D’Ambrosio 2h) + FOLFT, PIA (Messineo 1h)

  Law and practice of the Banking Union and of its governing Institutions (VIII.A, VIII.D)

• 5 May (16-19) SRM: resolution tools /national insolvency procedures (Cossa, Pala 3h)

  Law and practice of the Banking Union and of its governing Institutions (VIII.C)

• 6 May (10-13) Administrative and judicial review of the decisions taken within the SSM and the SRM (D’Ambrosio 2h) + Case law (Cossa 1h)

  Law and practice of the Banking Union and of its governing Institutions (X.A, X.B., X.C)

• 13 May (16-19) The EU and the national court views on the BU: CJEU on L-Bank and BVrfG on BU judgments (Montemaggi, Messineo 3h)

  Law and practice of the Banking Union and of its governing Institutions (V.B); The German Federal Constitutional Court and the Banking Union

• 14 May (10-13) The liability regime within the SSM and the SRM (Montemaggi, Salomone 3h)

  Law and practice of the Banking Union and of its governing Institutions (XF.); The ECB and NCA liability within the Single Supervisory Mechanism

• 26 May (16-19) Composite procedures within the SSM and the SRM (Messineo, Chirico 3h)

  Law and practice of the Banking Union and of its governing Institutions (IV.A, VIII.E.3); ECB Legal Working Paper Series Composite administrative procedures in the European Union

• 27 May (10-13) AMLA and AML-related supervisory tasks (Battistini, Crapanzano, 3h); Law and practice of the Banking Union and of its governing Institutions (I.A.3.1.3)

Readings/Bibliography

Law and Practice of the Banking Union
and of its governing Institutions (Cases and Materials)

edited by Raffaele D'Ambrosio

https://www.bancaditalia.it/pubblicazioni/quaderni-giuridici/2020-0088/qrg-88.pdf

Teaching methods

Lectures with slides available on Virtuale.

The use of these materials in study and preparation for examination is to be considered as complementary and not substitute for the use of the manuals indicated.

Students shall be confronted with the relevant SSM and SRM legislations, regulations and general decisions, as well as with recent case law of the internal review bodies and the EU and national Courts.

Office hours

See the website of Raffaele D'Ambrosio