BUßGELDRECHT IN DER EUROPÄISCHEN BANKENAUFSICHT

Abstract

The imposition of sanctions within the framework of European banking supervision is essentially intended to ensure that the European Union’s policy in the banking sector is implemented effectively to ensure financial stability within the Euro area. The law on fines under banking supervisory derives its authorization from the European Banking Union created in 2014 in general and the so-called Single Supervisory Mechanism (SSM) in particular. In terms of banking supervision, the supervisory sanctions regime of the EU addresses credit institutions as legal entities. This article demonstrates how corporate groups, being a combination of several legal entities, are nevertheless subject to supervision of the ECB and the national supervisory authorities, and therefore subject to sanctions. For this purpose, in addition to the division of responsibilities between the ECB and national supervisory authorities,
this article also deals with the supervisory sanction regime set out in Art. 18 SSM-VO and its norm and sanctions addressees.