IDEAS home Printed from https://ideas.repec.org/a/pal/jbkreg/v20y2019i2d10.1057_s41261-018-0078-z.html
   My bibliography  Save this article

Administrative and judicial review of EU supervisory decisions in the banking sector

Author

Listed:
  • José Carlos Laguna de Paz

    (University of Valladolid)

Abstract

After the financial and economic crisis, the EU institutions have been granted supervisory powers in the banking sector. Supervisory authorities enjoy a wide discretion in carrying out their tasks. In this context, establishing independent administrative bodies of review may be a useful tool to control supervisory decisions and to protect the interests of stakeholders. Supervisory measures are subject to judicial review, to protect the stakeholders’ rights. However, courts cannot substitute their own discretion for that of the legislator or administrative authority. In case an EU institution fails to comply with their supervisory duties, it becomes responsible for any damages caused to third parties. According to case-law, non-contractual liability is recognised in a restrictive way in relation to acts which imply complex economic analysis.

Suggested Citation

  • José Carlos Laguna de Paz, 2019. "Administrative and judicial review of EU supervisory decisions in the banking sector," Journal of Banking Regulation, Palgrave Macmillan, vol. 20(2), pages 159-173, June.
    • Handle: RePEc:pal:jbkreg:v:20:y:2019:i:2:d:10.1057_s41261-018-0078-z
    DOI: 10.1057/s41261-018-0078-z
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1057/s41261-018-0078-z
    File Function: Abstract
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1057/s41261-018-0078-z?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.

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Meier, Samira & Rodriguez Gonzalez, Miguel & Kunze, Frederik, 2021. "The global financial crisis, the EMU sovereign debt crisis and international financial regulation: lessons from a systematic literature review," International Review of Law and Economics, Elsevier, vol. 65(C).

    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:pal:jbkreg:v:20:y:2019:i:2:d:10.1057_s41261-018-0078-z. 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: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.palgrave-journals.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.