Law and practice of financial appeal bodies (ESAs Board of Appeal, SRB Appeal Panel): a view from the inside Articles uri icon

publication date

  • March 2020

start page

  • 119

end page

  • 160

issue

  • 1

volume

  • 57

International Standard Serial Number (ISSN)

  • 0165-0750

Electronic International Standard Serial Number (EISSN)

  • 1875-8320

abstract

  • This paper offers some lessons drawn from the first years of experience of both the joint Board of Appeal (BoA) of the European Supervisory Authorities and the Appeal Panel (AP) of the Single Resolution Board.The paper outlines their institutional design and the main substantive and procedural issues that have arisen in the cases so far decided by both bodies. It offers a view "from the inside", which shows not only the certainties of appeal bodies, but also their many challenges. The paper also discusses design strengths and weaknesses of the current EU adjudicatory system of public law disputes in the Banking Union and the Capital Markets Union, bearing in mind the importance of independent review, and the Vaassen criteria for "courts". The paper concludes by offering preliminary stocktaking and reflections on a possible way forward to enhance the complementary (and supporting) role of financial appeal bodies to the EU courts.
    This paper offers some lessons drawn from the first years of experience of both the joint Board of Appeal (BoA) of the European Supervisory Authorities and the Appeal Panel (AP) of the Single Resolution Board.The paper outlines their institutional design and the main substantive and procedural issues that have arisen in the cases so far decided by both bodies. It offers a view "from the inside", which shows not only the certainties of appeal bodies, but also their many challenges. The paper also discusses design strengths and weaknesses of the current EU adjudicatory system of public law disputes in the Banking Union and the Capital Markets Union, bearing in mind the importance of independent review, and the Vaassen criteria for "courts". The paper concludes by offering preliminary stocktaking and reflections on a possible way forward to enhance the complementary (and supporting) role of financial appeal bodies to the EU courts

subjects

  • Law

keywords

  • administrative review; srb appeal panel; financial appeal; financial appeal bodies; board of appeal; european supervisory authorities; banking union; capital markets union; scope and focus of review; agencies; quasi-judicial review