Las competencias autonómicas de supervisión de las entidades de crédito

Authors

  • XABIER ARZOZ SANTISTEBAN

Keywords:

credit institutions, banking supervision, powers of autonomous communities, powers of state authorities, Constitutional Court’s case-law.

Abstract

The role of the Spanish autonomous communities in the area of regulation and supervisioof credit institutions constitutes a thorny question that has not been yet adequately addressed in the three decades since the proclamation of the Spanish Constitution. The aim this paper is to analyse the extent of supervising powers over credit institutions and saving banks that the authorities of the autonomous communities enjoy, in accordance with both state and regional legislation and the case law of the Constitutional Court. It also analyses a recent ruling of the High Court of Justice of the Basque Country that appears to subscribe the view that regional authorities do not have any power in the field, or only very limited ones. Finally, it reflects on a distribution of supervision powers over credit institutions between state and regional authorities that is more consistent with the Constitution.

Published

2009-04-28

Issue

Section

STUDIES