IDEAS home Printed from https://ideas.repec.org/a/bpj/eucflr/v14y2017i1p94-120n4.html
   My bibliography  Save this article

Conditions and Obligations in ECB Supervisory Decisions as Ancillary Provisions under SSM Law

Author

Listed:
  • Lo Schiavo Gianni

    (Dr (King’s College, London), LLM (College of Europe, Bruges); Supervisory Board (SB) Secretariat of the European Central Bank, Frankfurt. The views expressed in this article are purely personal and they are in no way intended to represent those of the ECB or its SB Secretariat. The author wishes to thank Georg Gruber and Federico Della Negra for very useful suggestions on earlier drafts.Germany)

Abstract

The Single Supervisory Mechanism (SSM) Regulation has conferred prudential tasks to the European Central Bank (ECB) which it shall carry out within a SSM composed of the ECB and national competent authorities (NCAs). This article assesses the legal feasibility to attach conditions and obligations in ECB supervisory decisions. It looks at other areas of EU administrative law (merger control and State aid law), assesses the ECJ Atradius (C-18/14) judgment in the area of insurance supervision and argues that conditions and/or obligations are ancillary provisions that can be included in ECB supervisory decisions as a matter of EU law. The article evaluates also the impact of the inclusion of conditions and/or obligations on the right to be heard under art.22 SSM Regulation. While conditions and obligations may have adverse effects, the article examines to what extent the right to be heard applies in cases the ECB includes conditions and/or obligations in ECB supervisory decisions.

Suggested Citation

  • Lo Schiavo Gianni, 2017. "Conditions and Obligations in ECB Supervisory Decisions as Ancillary Provisions under SSM Law," European Company and Financial Law Review, De Gruyter, vol. 14(1), pages 94-120, March.
    • Handle: RePEc:bpj:eucflr:v:14:y:2017:i:1:p:94-120:n:4
    DOI: 10.1515/ecfr-2017-0004
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/ecfr-2017-0004
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.
    File URL: https://libkey.io/10.1515/ecfr-2017-0004?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:eucflr:v:14:y:2017:i:1:p:94-120:n:4. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.