Tegelaar, Jouke; Haentjens, Matthias --- "Judicial protection in cross-border bank resolution" [2019] ELECD 1632; in Haentjens, Matthias; Wessels, Bob (eds), "Research Handbook on Cross-Border Bank Resolution" (Edward Elgar Publishing, 2019) 260

Book Title: Research Handbook on Cross-Border Bank Resolution

Editor(s): Haentjens, Matthias; Wessels, Bob

Publisher: Edward Elgar Publishing

Section: Chapter 10

Section Title: Judicial protection in cross-border bank resolution

Author(s): Tegelaar, Jouke; Haentjens, Matthias

Number of pages: 28

Abstract/Description:

In the EU, responsibility for bank resolution has dramatically shifted from the bankruptcy courts to administrative authorities and administrative courts. Moreover, the centralization of resolution decision-making within the Single Resolution Mechanism (SRM) has made the system of judicial protection dual-layered in the Eurozone, so that both the national courts and the Court of Justice of the European Union share jurisdiction. How has the radical new Eurozone regime impacted judicial protection in cross-border bank resolution? This chapter discusses, first, the legal framework for resolution under the SRM Regulation, at both the European and national level. Subsequently, the system of judicial protection is analyzed on the basis of EU case law and the admissibility criteria for the EU Court. Here, the interplay between EU and national courts takes center stage. It is concluded that the new regime provides for judicial review, but that the possibilities for this review are limited.