Article (Scientific journals)
Single Resolution Board: another Meroni extension or another Chapter to Europe's Constitutional Transformation?
Asimakopoulos, Ioannis
2019In SSRN
 

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Keywords :
Single Resolution Board; Meroni; Short-selling
Abstract :
[en] The establishment of the Single Resolution Board (SRB) has pushed the constitutional boundaries of agencification further. After elaborating on the SRB’s powers and safeguards, one can argue that its governance structure combined with its policymaking powers distinguish the SRB from all other agencies. While trying to assess its legality of establishment and empowerment, this paper seeks to identify the nature of the empowerment, whether Meroni is still fit for purpose, and whether the limits of institutional balance have been bent or indeed broken. After expressing concerns as to the SRB’s compliance with the current EU institutional framework, the paper offers an alternative for exiting this constitutional deadlock by applying Weiler’s theory of constitutional transformation. Such a solution would legitimize the SRB as well as facilitate the functioning of Banking Union.
Disciplines :
European & international law
Author, co-author :
Asimakopoulos, Ioannis ;  University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit
External co-authors :
no
Language :
English
Title :
Single Resolution Board: another Meroni extension or another Chapter to Europe's Constitutional Transformation?
Publication date :
January 2019
Journal title :
SSRN
Focus Area :
Law / European Law
Available on ORBilu :
since 06 April 2019

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