B0794 - 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

19 aprile 9-12

The Single Supervisory Mechanism (SSM): allocation of tasks and powers between the ECB and the NCAs and organizational issues

19 aprile 13-16

Macroprudential supervision within the EU

3 maggio 9-12

The Single Resolution Mechanism (SRM): allocation of tasks and powers between the SRB and the NRAs and organisational issues

3 maggio 13-16

The SRM: the resolution procedure

9 maggio 9-12

Safeguards applicable in the supervisory and resolution procedures

9 maggio 13-16

The administrative and judicial review within the SSM and the SRM

10 maggio 9-12

Sanctioning procedures in the Banking Union

10 maggio 13-16

Composite procedures in the Banking Union

17 maggio 9-12

The European system of financial supervision (ESFS) and the role of the EBA in the shaping of the Banking Union

17 maggio 13-16

The regulation establishing the Anti-Money Laundering and Countering the Financing of Terrorism Authority (AMLA), the Markets in Crypto-Assets Regulation (MiCA) and the Digital Operational Resilience Act (DORA): key features and impact on the institutional arrangements of the Banking Union

Readings/Bibliography

Slides; R. D’Ambrosio, Law and Practice of the Banking Union and of its governing Institutions (Cases and Materials), in Quaderni di ricerca giuridica della Banca d’Italia, April 2020, No 88

Teaching methods

Lectures and class discussions

Assessment methods

oral exam

Teaching tools

Other teaching material, including slides used during the lectures and papers will be made available to students on a weekly basis through e-mail 

Office hours

See the website of Raffaele D'Ambrosio