EU external competences and the participation to the Basel Committee on Banking Supervision

Abstract:

The legal issues addressed in this article are whether and, eventually, to what extent and how the EU Treaties govern the participation of EU bodies and national authorities to the Basel Committee on Banking Supervision. Although the solution to these legal issues is still uncertain, it is possible to highlight some of the elements that could allow and nudge the Court of Justice of the EU to interpret EU rules in the sense of obliging national authorities to act, within the Committee, in a coordinated manner with each other and with the EU bodies involved, on the basis of a common negotiating position. In support of this interpretation, it is possible to identify two legal bases within the EU Treaties and systematic interpretative arguments.