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

The SSM: allocation of tasks and powers between the ECB and the NCAs and organizational issue (R. D’Ambrosio)

The SSM’s macropudential tasks and their relationship with the ESRB’s mandate (D. Salomone)

The distinction between supervisory decisions, administrative measures and administrative sanctions and the safeguards applicable to the ECB supervisory and sanctioning procedures (R. D’Ambrosio)

Access to confidential information: the state of art of the EU and the Italian case-law (the Buccioni case) (M. Villani) 

Recovery plans, early intervention measures and structural measures (M. Cossa)

The SRM: Allocation of tasks and powers between the SRB and the NRAs and organizational issues (R. D’Ambrosio) 

The resolution procedure (R. D’Ambrosio)

The resolution tools (M. Cossa)

The administrative and judicial review of the decisions taken within the SSM and the SRM (R. D’Ambrosio)

Case-study: The Trasta Case (S. Montemaggi)

Case-study: the Livret A cases(G. Crapanzano) 

The liability regimes within the SSM and the SRM (R. D’Ambrosio)

Peter Paul and Kantarev Cases (S. Montemaggi)

The SSM and SRM mixed procedures: an overview (R. D’Ambrosio)

Case-study: ruling of the ECJ C-219/17 Fininvest and Berlusconi (G. Crapanzano)

Case Law: ICCREA (D. Messineo) 

The judgement of the BverfG on the Banking Union (D. Messineo and R. D’Ambrosio)

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 IOL.

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