El mecanismo europeo de supervisión bancaria

Authors

  • José Carlos Laguna de Paz

Keywords:

Supervision, credit institutions, inspection, administrative penalties, discretionary powers

Abstract

The Single Supervisory Mechanism is an essential step towards the banking union. Thus the European Central Bank (ECB) will assume the prudential supervision of the most important credit institutions of the euro zone. The new system raises many issues. It is necessary to assess whether transferring prudential supervisory tasks to the European Central Bank is in conformity with the TFEU. The ECB shall carry out its supervisory tasks independently and separately from its tasks related to monetary policy. European and national legislation are intertwined, so that European and national authorities must cooperate closely. It is necessary to strike a balance between efficiency and guarantee in the exercise of supervision. Judicial review finds its limits in the exercise of administrative discretionary powers.

Issue

Section

STUDIES