European Banking Supervision in the Age of the ECB: Landeskreditbank Baden-Württemberg—Förderbank v. ECB

Annunziata, Filippo

doi:10.1007/s40804-019-00170-y

Cited by 2 publications

(1 citation statement)

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“…39 However, this might have been due to the courts' clear primary intent to protect the powers allocated to the European banking institutions, even if this had to come at the expense of solid legal reasoning. 40 Again, there are reasons to be cautiously optimistic that the CJEU would protect the allocation of powers to EU health agencies in the same manner. The literature suggests that the CJEU tends not to be amenable to reviewing the scientific decisions of the European Food Safety Authority (EFSA), although it will review administrative decisions that the EFSA takes.…”

Section: Institutional and Agency Powersmentioning

confidence: 99%

COVID-19, the European Health Union and the CJEU: Lessons from the Case Law on the Banking Union

Bartlett

2020

Eur. j. risk regul.

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This contribution will draw on the literature that has accumulated on how the Court of Justice of the European Union (CJEU) has responded to the European Banking Union, which was established in similar crisis circumstances that now face the European Union (EU) in the age of COVID-19, to illustrate the legal issues on which the CJEU’s input will be particularly important in the shaping of any future European Health Union. This contribution will highlight three legal issues in particular: the interpretation of EU Treaty provisions in the health field; the scope of EU competence; and the powers of EU institutions and agencies. This contribution will argue that the CJEU case law to date on health issues is encouraging with respect to competence and agencies, but more cautious with respect to the Treaty’s health provisions.

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Section: Institutional and Agency Powersmentioning

confidence: 99%