Moloney, Niamh 
ORCID: 0009-0000-6035-8053
(2021)
Banking union and the Charter of Fundamental Rights.
In: Zilioli, Chiara and Wojcik, Karl-Philipp, (eds.)
Judicial Review in the European Banking Union.
Elgar Financial Law and Practice series.
Edward Elgar, Cheltenham, UK, 209 - 220.
ISBN 9781800373198
Abstract
This chapter considers how the EU’s Charter of Fundamental Rights interacts with Banking Union, particularly as regards judicial review and the related legitimation of ECB acts. There are only two leading cases on the ECB and the Charter, but they underline the extent of the Charter’s reach over ECB action. The potential for judicial review of ECB action may, accordingly, be significant, particularly given the wide range of operational activities the ECB engages in within Banking Union and the implications for property rights in particular. Nonetheless, the restrictions which can be applied to the application of Charter rights are likely to limit the extent to which ECB action is judicially reviewed. Specifically, the deference the Court of Justice typically shows to financial stability justifications for ECB action suggests that successful causes of action will be rare. Political accountability as regards the Charter, remains, however, a significant element of the ECB’s legitimation arrangements.
| Item Type: | Book Section |
|---|---|
| Official URL: | https://www.e-elgar.com/shop/gbp/judicial-review-i... |
| Additional Information: | © 2021 The Author |
| Divisions: | Law |
| Subjects: | K Law > K Law (General) |
| Date Deposited: | 04 Feb 2022 14:42 |
| Last Modified: | 09 Nov 2024 08:06 |
| URI: | http://eprints.lse.ac.uk/id/eprint/113627 |
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