The European Banking Authority (EBA) and Its (Significant) Role in the Law-Making Process

Christos V. Gortsos ()
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Christos V. Gortsos: National and Kapodistrian University of Athens

Chapter Chapter 7 in The European Banking Regulation Handbook, Volume I, 2023, pp 383-435 from Springer

Abstract: Abstract This chapter is the first on the key institutional elements of EU banking law. Its subject matter is the European Banking Authority (EBA), an EU agency that is presented as part of the European Supervisory Authorities (ESAs)—the first pillar of the European System of Financial Supervision (ESFS). The EBA’s founding Regulation (EBAR), its legal status, scope of action, objective and bodies are then discussed in a systematic way, followed by a detailed examination of the EBA’s tasks and powers under the EBAR, including those relating to consumer protection and financial activities. The following section develops on the EBA’s integration within the EU institutional framework, and namely on its independence, accountability and liability, the Board of Appeal (BoA) and the judicial review of EBA Decisions. Finally, the law-making process and the EBA’s significant role therein are also discussed in detail, followed by an Excursus on the comitology procedure.

Keywords: European Banking Authority (EBA); Tasks and powers; Independence; Accountability and liability; Board of Appeal (BoA); Judicial review; Regulatory technical standards (RTSs); Implementing technical standards (ITSs); Recommendations and Guidelines; Comitology procedure (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:spr:sprchp:978-3-031-32859-6_7

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DOI: 10.1007/978-3-031-32859-6_7

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