As the system of EU governance has expanded administrative interdependencies between different levels of government, the fragmented system of courts seems to struggle to respond effectively to the claims for justice. This creates fundamental legal uncertainty about the identification of the competent court in composite administrative proceedings and, as a result, question the capability of individuals to act before the competent court. This article focuses on the functioning of the Banking Union and aims to investigate how the multi-layered implementation of administrative functions put the unequivocal identification of the competent jurisdiction and the available remedies under a structural pressure. The recommendation is that such pressure could lessen, and legal certainty could be enhanced through reforms in both the organisation of administrative proceedings and the functioning of courts.
Challenges of Justice in the European Banking Union: Administrative Integration and Mismatches in Jurisdiction / Simoncini, Marta. - In: YEARBOOK OF EUROPEAN LAW. - ISSN 0263-3264. - 40:(2021), pp. 310-334. [10.1093/yel/yeab001]
Challenges of Justice in the European Banking Union: Administrative Integration and Mismatches in Jurisdiction
MARTA SIMONCINI
2021
Abstract
As the system of EU governance has expanded administrative interdependencies between different levels of government, the fragmented system of courts seems to struggle to respond effectively to the claims for justice. This creates fundamental legal uncertainty about the identification of the competent court in composite administrative proceedings and, as a result, question the capability of individuals to act before the competent court. This article focuses on the functioning of the Banking Union and aims to investigate how the multi-layered implementation of administrative functions put the unequivocal identification of the competent jurisdiction and the available remedies under a structural pressure. The recommendation is that such pressure could lessen, and legal certainty could be enhanced through reforms in both the organisation of administrative proceedings and the functioning of courts.File | Dimensione | Formato | |
---|---|---|---|
Simoncini_YEL_composite proceedings and jurisdiction.pdf
Solo gestori archivio
Tipologia:
Versione dell'editore
Licenza:
DRM (Digital rights management) non definiti
Dimensione
211.21 kB
Formato
Adobe PDF
|
211.21 kB | Adobe PDF | Visualizza/Apri |
Pubblicazioni consigliate
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.