B0794 - 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

lecture 1

The SSM: allocation of tasks and powers between the ECB and the NCAs and organizational issues

lecture 2

The SRM: allocation of tasks and powers between the SRB and the NRAs and organisational issues

lecture 3

Safeguards applicable to SSM supervisory procedures

lecture 4

Resolution procedure and resolution tools

lecture 5

The SSM and SRM sanctioning powers

lecture 6

The SSM and SRM composite procedures

lecture 7

The administrative and judicial review of the decisions taken within the SSM and the SRM

lecture 8

The liability regime within the SSM and the SRM

lecture 9

The ESFS and the role of the EBA

lecture 10

The new EBA’s tasks and the AMLA

Readings/Bibliography

Slides; R. D’Ambrosio, Law and Practice of the Banking Union and of its governing Institutions (Cases and Materials), in Quaderni di ricerca giuridica della Banca d’Italia, April 2020, No 88

Teaching methods

Lectures and class discussions

Assessment methods

oral exam

Teaching tools

Other teaching material, including slides used during the lectures and papers will be made available to students on a weekly basis through e-mail 

Office hours

See the website of Raffaele D'Ambrosio