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Constitutional Issues of the Single Supervisory Mechanism (SSM)

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  • Lorenzo Cuocolo

Abstract

European history has always been characterized by a strong link between banks and States and, more generally, between banks and politics. National banking systems, therefore, have always been one of the forms of expression of sovereignty. This setting is seriously called into question by the Banking Union project, which has been recently implemented in Europe. Given the importance of the issue, this should be studied not only from the perspective of economics and regulatory studies, but also from the perspective of constitutional law. The paper, after a reconstruction of the historical and economic conditions that have led to design a project of Banking Union, analyzes several constitutional issues. In particular, te paper focuses on the friction points between the European Banking Union and the democratic principle, the rule of law and the justiciability principle.

Suggested Citation

  • Lorenzo Cuocolo, 2016. "Constitutional Issues of the Single Supervisory Mechanism (SSM)," ECONOMIA E DIRITTO DEL TERZIARIO, FrancoAngeli Editore, vol. 2016(1), pages 17-40.
    • Handle: RePEc:fan:ededed:v:html10.3280/ed2016-001003
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    More about this item

    Keywords

    Banca; unione bancaria europea; meccanismo unico di vigilanza; banca centrale europea; integrazione europea; sovranit?.;
    All these keywords.

    JEL classification:

    • E58 - Macroeconomics and Monetary Economics - - Monetary Policy, Central Banking, and the Supply of Money and Credit - - - Central Banks and Their Policies
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K20 - Law and Economics - - Regulation and Business Law - - - General

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