Actions and inactions in the investigation of breaches of Union law by the European Supervisory Authorities

Schammo, P.

Actions and inactions in the investigation of breaches of Union law by the European Supervisory Authorities

Schammo, P.

Authors

Professor Pierre Schammo pierre.schammo@durham.ac.uk
Professor

Abstract

This article takes stock of one of the major innovations under the European System of Financial Supervision (ESFS): the breach of Union law procedure. Under this procedure, the European Supervisory Authorities (ESAs) have a key role to play in policing breaches of Union law, but they have rarely taken formal action. Many decisions are decisions not to act, i.e. declining to open investigations following a request by a complainant. Some of these “inactions” have been scrutinized before the Joint Board of Appeal of the ESAs (BoA). One was appealed before the EU judiciary, which denied “ordinary” complainants procedural safeguards, including rights of appeal before the BoA and the EU courts. This article seeks to shed light on the ESAs’ decisions not to act under the breach of Union law procedure, focusing on the ESAs’ very substantial discretionary right not to initiate an investigation, and suggesting that the procedural position of some ordinary complainants should be revisited.

Citation

Schammo, P. (2018). Actions and inactions in the investigation of breaches of Union law by the European Supervisory Authorities. Common Market Law Review, 55(5), 1423-1456

Journal Article Type	Article
Acceptance Date	Jul 29, 2018
Online Publication Date	Sep 27, 2018
Publication Date	Sep 27, 2018
Deposit Date	Aug 6, 2018
Publicly Available Date	Mar 27, 2019
Journal	Common Market Law Review
Print ISSN	0165-0750
Publisher	Kluwer Law International
Peer Reviewed	Peer Reviewed
Volume	55
Issue	5
Pages	1423-1456
Publisher URL	http://www.kluwerlawonline.com/abstract.php?area=Journals&id=COLA2018118