“Judicial Review for European Banking Authorisation and Critical Profiles in the Italian System” by Sandra Antoniazzi (University of Rome Tor Vergatawas) was published on 17 July 2024 in the EBI Working Paper Series No. 178.

The author of this paper suggests that the judicial review of banking authorisation needs to be approached from a dual perspective, considering the composite administrative procedure involving the national supervisory authority for the preliminary investigation phase and an initial assessment of the application, and the ECB for the decisional phase of adopting the final measure. It is necessary to address the problems of the identification of the jurisdiction and the scope of the relative review in the light of the general principles: on the one hand, to review the legitimacy of the European court on the decisions of the ECB and, on the other, it is necessary to investigate whether there is an area reserved to the jurisdiction of the national court with regard to the acts of the national supervisory authority inherent to the banking authorisation.

Read the entire article here: https://ssrn.com/abstract=4896149 or http://dx.doi.org/10.2139/ssrn.4896149.