Enforcement of sanctions within the SSM by European and national authorities: unravelling jurisdiction and accountability under Union law

Abstract

Under the Single Supervisory Mechanism (SSM), the enforcement of pecuniary obligations vis-à-vis the ECB, such as fees and sanctions, is unclear at two levels: first, the division of sanctioning powers between European authorities (ECB) and the ‘National Competent Authorities’ (NCAs) under primary and secondary law is rather unclear due to the underlying jumble of referrals. Second, the Article pivotal to enforcement, namely Art. 299 TFEU, constitutes only a ‘vague hybrid legal regime’ between European and national law, leaving credit institutions as well as the ECB exposed to considerable legal uncertainties and, as a result, additional costs. This paper examines both levels—which have received almost no attention in the literature so far—and offers concrete solutions to close the existing protection gaps.