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.
2021
Banking Union; composite administrative proceedings; legal uncertainty; system of courts; remedies
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]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11385/212509
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