Bank Resolution and Fundamental Rights – A view from Strasbourg

Abstract

This article summarises and puts into context the limited but important case law of the European Court of Human Rights concerning bank resolution procedures, in particular under Article 6 (the right to a fair trial before an independent and impartial tribunal established by law) and Article 1 of the First Protocol (the right of property), as well as the important issue of who has standing under Article 34 to bring proceedings in the name or on behalf of an affected affected bank, its (former) management, share holders, bond holders, creditors or others affected.