196,168 research outputs found
Chi ha (ancora) paura dell’Europa? Qualche riflessione alla luce anche della pandemia da Covid-19
Dalle modifiche istituzionali del 2012 al raddoppio del numero dei giudici del Tribunale dell’Unione: luci e ombre di una riforma (in)compiuta
The ‘judicial’ control of discretionary measures in banking and financial fields: the role of EU Courts (and Boards of Appeal)
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 discusses the
possible evolution of EU Courts in reviewing banking law, particularly after the 2015-2019
Reforms of CJEU Statute (and those currently ongoing)
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