Fundamental rights and banking supervision

Chryssa Papathanassiou ()
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Chryssa Papathanassiou: External Lecturer

Journal of Banking Regulation, 2023, vol. 24, issue 4, No 3, 420-431

Abstract: Abstract This paper examines the intersections of fundamental rights and European banking supervision. It contributes to a more nuanced and refined understanding of the importance of European Union (EU) fundamental rights for supervised banks in the absence of an EU-wide administrative code. Since 2014, the European Central Bank (ECB) has assumed prudential supervisory tasks for supervised entities. Fundamental rights set clear boundaries as to how the ECB may exercise supervisory discretion to adopt measures that may adversely affect a supervised bank. The Court of Justice of the European Union declares void any measure whose adoption infringes upon a person’s fundamental rights. Thus, fundamental rights are a powerful counterbalance to the standard of limited review established by the EU judiciary for European Banking Supervision activities. Every supervised entity may unequivocally enjoy the same rights of defence faced with any measure adversely affecting it, irrespective of whether the measure has been adopted under EU or national law.

Keywords: Banking supervision; Right to good administration; Right to a fair trial (search for similar items in EconPapers)
JEL-codes: K23 (search for similar items in EconPapers)
Date: 2023
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DOI: 10.1057/s41261-022-00204-5

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