I procedimenti amministrativi di vigilanza bancaria nel quadro del Single Supervisory Mechanism. Il caso dell'applicazione dei diritti nazionali da parte della BCE

The article analyzes the Single Supervisory Mechanism (SSM): the new model of banking supervision established by regulation n. 1024/2013. Through a system of multi-level sources (supranational and national rules of European derivation), it transfers important sovereign functions to the level of the European law. The assignment of competences depends on the nature of the supervisory functions exercised. Regarding the micro-prudential supervision, the European Central Bank (ECB) has a direct and exclusive competence. Instead, the national competent authorities have a residual competence and are subjected to indirect control by the ECB; they also have to provide to the ECB the proper assistance, in particular concerning the application of national legislation to the credit institution supervised by the ECB. As regards the macro-prudential functions, a distinction must be made: if the macro-macro-prudential instrument to be applied is envisaged by the pertinent EU law, the national authorities have a primary competence, whereas the ECB has an additional one. If, instead, it is regulated by national measures, the domestic authority has an exclusive competence. The SSM has also amended the rules concerning the authorization to carry out credit activities. In fact, it attributed to the ECB the exclusive power to authorize and revoke the banking license; the national authorities enjoy a power of first vision. Therefore, the new system represents a new prototype of management integration: national rights and regulations become, in fact, objects of interest to the ECB and national administrative authorities.