|Reference : The renewed role of national authorities in Eurozone banking supervision and resoluti...|
|Scientific conferences in universities or research centers : Scientific conference in universities or research centers|
|Law, criminology & political science : European & international law|
|The renewed role of national authorities in Eurozone banking supervision and resolution : time to take a federal « commandeering » doctrine more seriously ?|
|Van Cleynenbreugel, Pieter [Université de Liège > Département de droit > Droit matériel européen >]|
|The Federal Experience of the European Union|
|from 22-05-2017 to 23-05-2017|
|Nova University Lisbon|
|[en] In this paper, I would like to compare the doctrine of « commandeering » as recognised in U.S. constitutional law with the approach taken by the EU institutions when setting up the ECB’s single supervisory mechanism and the banking resolution framework. Starting from the fact that national supervisory authorities play an important albeit subordinate role in the EU’s banking supervision setup, I use the U.S. federalism approach as a means to point out the legitimacy and democratic accountability dangers this approach creates. Highlighting those potential difficulties in the first part of my presentation/paper, I subsequently analyse to what extent a more explicit commandeering doctrine – as recognised in U.S. constitutional law – could help overcome those difficulties and what steps need to be taken in that regard.|
|Researchers ; Professionals ; Students|
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