Fiscalização jurisdicional de instruções do Banco Central Europeu a autoridades nacionais competentes

• Autor(a) principal: Gomes, Marta Santos Costa
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/148550
• topic: Banco Central Europeu; Autoridades nacionais competentes; Instruções; Impugnação; Princípio de tutela jurisdicional efetiva; European Central Bank; National competent authorities; Instructions; Legal challenges; Fundamental right to effective judicial protection; Direito

After the 2008 financial crisis made clear the need to ensure a centralized supervision of the banks in the Euro zone, the Banking Union was created, it includes the Single Supervisory Mechanism, created to guarantee that supervision. Its functioning raises some questions regarding the division of tasks between the national competent authorities of each Member State and the European Central Bank to exercise this supervision. This dissertation aims to outline the way in which the tension is managed between these two institutions and consider the emission of instructions by the European Central Bank, by debating the possibility of legally challenging these while also debating the competent jurisdiction to do so in, as well as questioning and analysing the compliance with the fundamental right to effective judicial protection at this level when challenging the legality of these instructions. With this goal in mind, through the analysis of the regime and of the review of the legality of instructions in the context of the Single Supervisory Mechanism, of the actions of the European Commission in the context of European competition law and of the actions of European agencies and institutions, the compliance with the aforementioned fundamental right and consideration of possibilities put forward to ensure that compliance will be considered.