Administrative review mechanisms within the ECB

The single supervisory mechanism and the single resolution mechanism are the two main pillars of the European banking union. These complex frameworks encompass innovative quasi-judicial systems which allow undertakings and national authorities to contend certain decisions taken respectively by the ECB and the SRB, through two technical independent bodies, namely an Administrative Board of Review (ABoR) and an Appeal Panel. Through a comparison of the founding provisions of these two panels with other similar experiences in highly regulated technical sectors, it is argued that the current architecture of nonjudicial remedies available in the banking union is not set up as a single unitary model, but as an hybrid one with distinctive features adapted to the peculiarities of supervisory and recovery functions. It is questionable whether such characteristic may impair the position of private individuals and the ability to cope with the complex matters concerned in an effective way.