Administrative and Judicial Review on Decisions of the European Banking Regulatory and Supervisory Authorities

Regulatory and supervisory decisions of the EBA, the Single Resolution Committee and the ECB can be challenged by administrative appeal before the Joint Board of Appeal, the Appeals Panel and the Administrative Review Council, respectively. The discipline of pre-judicial review presents interesting profiles of investigation and comparison with regard to the composition, independence of the members, the powers exercisable and the content of the control with substantial differences for the review schemes. General considerations emerge regarding the relevance of disputes and the effectiveness of the protection of subjective positions. In any case, judicial protection before the European courts is always admitted for the control of legitimacy, as an action directly involving the decisions of the Authorities or the revision decisions of the competent bodies. The study highlights several problems in the interpretation and application of internal administrative control measures and examines the litigation in the courts and the relevant critical issues.