It seems to be a given by now that shared administrations are increasingly used in the EU to ensure an effective implementation of Union law. However, the administrative reality of shared administrations still seems ahead of the legal and judicial reality. Shared administrations result in decisions based on often complex composite administrative procedures involving administrative authorities from both the EU and national legal orders. However, there is no single uniform set of EU administrative standards and the judicial orders are still relatively separate. The different administrative authorities involved may thus be subject to different administrative standards and, due to the relatively separate judicial orders, it is often uncertain in what manner effective judicial protection can be ensured. The extent to which an effective legal control is possible is thus questionable in case of composite administrative procedures. In this blog post, which is based on my new book ‘Effective Legal Protection in Banking Supervision. An Analysis of Legal Protection in Composite Administrative Procedures in the Single Supervisory Mechanism’ (Europa Law Publishing 2021), I will be addressing this question on the example of the Single Supervisory Mechanism (SSM). I have looked for a middle ground that ensures effective legal protection in composite procedures in such a way that persons’ rights are safeguarded without unnecessarily hampering the supervisors’ effectiveness. Although this is not such an easy task, it seems possible nonetheless.
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