The ‘judicial’ control of discretionary measures in banking and financial fields: the role of EU Courts (and Boards of Appeal)

Condinanzi Massimo
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Condinanzi Massimo: Professor of European Union Law, University of Milan, Milan, Italy

European Company and Financial Law Review, 2022, vol. 19, issue 6, 978-991

Abstract: 978 The paper aims at reflecting on the judicial control of the discretionary measures in banking and financial fields exercised by the EU Courts, as well as the ‘quasi-judicial’ control, in the same fields, exercised by the Boards of Appeal. Therefore, the present article firstly discusses the EU Courts’ general approach over discretionary acts, assessing the peculiarities of the cases related to decisions taken by banking authorities. Secondly, the papers assessesthe ‘new’ means of quasi-judicial accountability, i.e. SRB Appeal Panel and the ESAs JBoA, their jurisprudence vis-à-vis discretionary choices of EU banking authorities and whether and how their role could be enhanced for improving a greater accountability. Finally, the article discussesthe possible evolution of EU Courts in reviewing banking law, particularly after the 2015-2019 Reforms of CJEU Statute (and those currently ongoing).979

Date: 2022
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DOI: 10.1515/ecfr-2022-0035

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