Autorizzazione bancaria, procedimento composto e controllo giurisdizionale

The issue of judicial review of banking authorisation has to approached from a dual perspective, considering the composite administrative procedure involving the national supervisory authority for the preliminary investigation phase and initial assessment of the application, and the ECB for the decisional phase of adopting the final measure. It is necessary to address the problems of the identification of the jurisdiction and the scope of the relative review in the light of the general principles: on the one hand, the review of legitimacy of the European Court on the decision of the ECB and, on the other, it is necessary to investigate whether there is an area reserved to the jurisdiction of the national court with regard to the acts of the national supervisory authority inherent to the banking authorisation. The complex framework of judicial protection is characterised by various institutions and profiles that have required frequent interpretative clarifications from European Court case law, especially with regard to issues of legal standing and the qualification of the acts that can be challenges in the context of composite administrative proceedings, in order to reconstruct reference criteria on the basis of the current discipline for the needs of legal certainty.