Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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Ability To Administer Justice By The Supervisor Of Credit Institutions (European Central Bank And Bank Of Spain) Regarding The Application Of The Penalty System For Improper Operations Of Banks When Practicing The Functions They Are Allowed To

Diego Perdigón De La Rosa

José Luis Vázquez Burguete

María p. García Miguélez

This paper aims to determine: i) the administrative capacity of the European Central Bank as Supervisor and the Bank of Spain as Competent National Authority, regarding the supervision of Spanish credit institutions, namely in terms of imposition of sanctions according to the legal system; and ii) the effectiveness of the sanctioning regime within the Single Supervisory Mechanism. The methodological approach is based on the description and interpretation of provided data. The findings show that the action of the Supervisor is supported by a coherent framework for compliance with the sanctioning regime at the national and EU level, according to the data on sanctions to banks due to serious or very serious failures from 2018 and to date as published in the website of the Bank of Spain. However, the fact that such sanctioning function is shared with the European Central Bank within the procedures of the Single Supervisory Mechanism could increase the management risk, as a permanent flow of information and collaboration between both supervisors is required in order to guarantee the suitability of the applied procedure as well as the due right to defence of the banks against unfavourable decisions (if so), always seeking balance, equity and justice principles.

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Volume X, Issue 2, July-Decembre, posted at 14th of Decembre 2020

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Summary

Doctrină: autori români şi străini

Multinational Federalism And Devolution

Ovidiu-Horia MAICAN

 

European Union Law

The Impact Of Brexit On A Series Of European Union Institutional Actors

Claudia Elena MARINICĂ

Divergent Views On The Right To Be Digitally Forgotten: The Opinions Of The General Advocates Vs. The Decisions Of The Court of Justice Of The European Union

Silviu-Dorin ŞCHIOPU

 

International Law

The Roadmap Of Implementing The Balanced Scorecard Marketing To Consolidate The Romanian Judicial System

Cezar Cornneliu Manda

Cristina Elena Nicolescu

Dragos Valentin Dinca

Improving And Strengthening The Effectiveness Of The Institutional Capacity Of The Judicial System

Teodor Victor ALISTAR

 

Legal theory

The Rather Ambiguous Notion Of Justice Utilised By The European States

Cătălin Constantinescu-Mărunţel

 

UE Law and Comparative Law

Does lawrence v. Texas Provide Constitutional Support For Same-Sex Marriage?

Andrei Mărăşoiu

Ability To Administer Justice By The Supervisor Of Credit Institutions (European Central Bank And Bank Of Spain) Regarding The Application Of The Penalty System For Improper Operations Of Banks When Practicing The Functions They Are Allowed To

Diego Perdigón De La Rosa

José Luis Vázquez Burguete

María p. García Miguélez

 

The influence of human rights on law

The Right To Happiness Of Citizens And The Improvement Of The Quality Of Urban Life

Irina MOROIANU ZLATESCU

Claudia Elena MARINICĂ

Aspects Regarding The Transposition Of Some Regulations In The Field Of Human Rights And Eu Law In The Romanian Administrative Code

Cristian Vasile BITEA

The Fundamental Right To Education And Religious Freedom

Remus MARIAN

 

Migration and the law

Immigration And European Solidarity

Irina MOROIANU ZLATESCU

Alexandra BUCUR

Practical Conditions And Modalities For Taking Over Asylum Seekers At European Union Level In The Context Of Migration Crises

Eleodor PIRVU