Reference : Constitutive Powers of Executive Bodies: a Functional Analysis of the Single Resoluti...
Scientific journals : Article
Law, criminology & political science : Public law
Law / European Law
http://hdl.handle.net/10993/49358
Constitutive Powers of Executive Bodies: a Functional Analysis of the Single Resolution Board
English
Mendes, Joana mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL) >]
2021
Modern Law Review
Blackwell
84
6
1330–1359
Yes (verified by ORBilu)
0026-7961
1468-2230
Oxford
United Kingdom
[en] executive bodies ; EU agencies ; bank resolution ; constitutive powers ; accountability
[en] Executive bodies can acquire constitutive powers,even if subject to detailed substantive strictures.
Constitutive powers give executive bodies the possibility to transform normative understandings
of the meaning of norms and of the goals of public action into legal forms. These bodies thus
engage in a jurisgenerative process that enables them to progressively delimit their legal mandates
in reaction to socio-economic and political realities. The article illustrates this argument
by examining the power of the EU Single Resolution Board (SRB) to determine the resolution
of a bank in crisis. It concludes that, in view of constitutive powers, the normative demands
that the EU legal system places on executive and administrative bodies must be reconsidered.
On that basis and to that effect, mechanisms of accountability should be reconceptualised and
reoriented.
http://hdl.handle.net/10993/49358
10.1111/1468-2230.12666

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