Law and practice of financial appeal bodies (ESAs' Board of Appeal, SRB Appeal Panel): a view from the inside
Articles
Overview
published in
- COMMON MARKET LAW REVIEW Journal
publication date
- January 2020
start page
- 119
end page
- 160
issue
- 1
volume
- 57
International Standard Serial Number (ISSN)
- 0165-0750
abstract
- This paper offers some lessons drawn from the first years of experience ofboth the joint Board of Appeal (BoA) of the European SupervisoryAuthorities and the Appeal Panel (AP) of the Single Resolution Board. Thepaper outlines their institutional design and the main substantive andprocedural issues that have arisen in the cases so far decided by bothbodies. It offers a view "from the inside", which shows not only thecertainties of appeal bodies, but also their many challenges. The paperalso discusses design strengths and weaknesses of the current EUadjudicatory system of public law disputes in the Banking Union and theCapital Markets Union, bearing in mind the importance of independentreview, and the Vaassen criteria for "courts". The paper concludes byoffering preliminary stocktaking and reflections on a possible wayforward to enhance the complementary (and supporting) role of financialappeal bodies to the EU courts.