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See detailLa protection juridictionnelle dans le Mécanisme de surveillance unique ou MSU, premier pilier de l'Union bancaire européenne
De Re, Etienne UL

Doctoral thesis (2016)

The combination of article 47 of the EU Charter of Fundamental Rights and article 19, 1st paragraph of the Treaty on European Union defines and protects the fundamental right to an effective remedy. Those ... [more ▼]

The combination of article 47 of the EU Charter of Fundamental Rights and article 19, 1st paragraph of the Treaty on European Union defines and protects the fundamental right to an effective remedy. Those primary law provisions shall be interpreted in the light of article 6 of the European Convention on Human Rights, which traditionally constitutes the most favoured source of inspiration for the Court of Justice of the European Union. The sui generis legal order of the European Union offers and protects a high level of judicial protection, as the Lisbon Treaty establishes a triple guarantee of fundamental rights to be effectively enforced via a complete system of legal remedies and procedures at different levels. More than ever, legal experts having a good command of economics highlight the fact that credit institutions are, per se, transmission channels from banking crises to the real economy. More than necessary, it is vital to reach and maintain the efficiency of the Single supervisory mechanism (SSM), first pillar of the European banking Union. The overall objective of public interest to preserve the financial stability of the euro zone and of the European Union as a whole prompted the legislature to confer wider (the widest?) powers upon competent authorities; nevertheless, these authorities must ensure that supervised banks are guaranteed the right to an effective judicial protection throughout the whole process. Do private interests weaken the general objective of financial stability, or is the SSM a balanced mechanism? [less ▲]

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