Skip to main content

Research Repository

Advanced Search

Actions and inactions in the investigation of breaches of Union law by the European Supervisory Authorities

Schammo, P.

Actions and inactions in the investigation of breaches of Union law by the European Supervisory Authorities Thumbnail


Authors



Abstract

This article takes stock of one of the major innovations under the European System of Financial Supervision (ESFS): the breach of Union law procedure. Under this procedure, the European Supervisory Authorities (ESAs) have a key role to play in policing breaches of Union law, but they have rarely taken formal action. Many decisions are decisions not to act, i.e. declining to open investigations following a request by a complainant. Some of these “inactions” have been scrutinized before the Joint Board of Appeal of the ESAs (BoA). One was appealed before the EU judiciary, which denied “ordinary” complainants procedural safeguards, including rights of appeal before the BoA and the EU courts. This article seeks to shed light on the ESAs’ decisions not to act under the breach of Union law procedure, focusing on the ESAs’ very substantial discretionary right not to initiate an investigation, and suggesting that the procedural position of some ordinary complainants should be revisited.

Citation

Schammo, P. (2018). Actions and inactions in the investigation of breaches of Union law by the European Supervisory Authorities. Common Market Law Review, 55(5), 1423-1456

Journal Article Type Article
Acceptance Date Jul 29, 2018
Online Publication Date Sep 27, 2018
Publication Date Sep 27, 2018
Deposit Date Aug 6, 2018
Publicly Available Date Mar 27, 2019
Journal Common Market Law Review
Print ISSN 0165-0750
Publisher Kluwer Law International
Peer Reviewed Peer Reviewed
Volume 55
Issue 5
Pages 1423-1456
Public URL https://durham-repository.worktribe.com/output/1324523
Publisher URL http://www.kluwerlawonline.com/abstract.php?area=Journals&id=COLA2018118

Files

Accepted Journal Article (Revised version) (539 Kb)
PDF

Copyright Statement
Revised version Reprinted from Common Market Law Review, 55, 5, 2018, 1423-1456, with permission of Kluwer Law International.






You might also like



Downloadable Citations