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Composite administrative procedures in the European Union

Author

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  • Eckes, Christina
  • D’Ambrosio, Raffaele

Abstract

The two contributions in this legal working paper discuss the various aspects of composite administrative procedures in the context of both Single Supervisory Mechanism (SSM) and Single Resolution Mechanism (SRM) decision-making procedures. It addresses the definition of such procedures, their relevance in the SSM and SRM context, the allocation of powers in such procedures, differences between composite procedures in the SSM and SRM spheres and differences between composite procedures and mere cooperation or exchange of information procedures. They were originally presented at the ECB legal colloquium on ‘Composite administrative procedures in the European Union’, which took place in Frankfurt am Main in 2020. JEL Classification: G2, G21, K2, K23

Suggested Citation

  • Eckes, Christina & D’Ambrosio, Raffaele, 2020. "Composite administrative procedures in the European Union," Legal Working Paper Series 20, European Central Bank.
    • Handle: RePEc:ecb:ecblwp:202020
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    File URL: https://www.ecb.europa.eu//pub/pdf/scplps/ecb.lwp20~e8c2267154.en.pdf
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    Keywords

    admissibility in national proceedings of materials gathered by Union bodies; allocation of jurisdiction between the Court of Justice of the European Union (CJEU) and the national courts; composite administrative procedures; Due process requirements; European Central Bank; legal professional privilege; national competent authorities (NCAs); national punitive proceedings; national resolution authorities (NRAs); procedural and defence rights; punitive and non-punitive; Single Resolution Mechanism (SRM); Single Supervisory Mechanism (SSM); the privilege against self-incrimination; the right to be heard; the Single Resolution Board (SRB);
    All these keywords.

    JEL classification:

    • G2 - Financial Economics - - Financial Institutions and Services
    • G21 - Financial Economics - - Financial Institutions and Services - - - Banks; Other Depository Institutions; Micro Finance Institutions; Mortgages
    • K2 - Law and Economics - - Regulation and Business Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

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