Bank Supervisors’ Liability: a European Perspective

Summary:

The purpose of this article is to take a step back from the legal status quo, examining the conceptual underpinnings of supervisory liability, inquiring into the extent to which the conventional rationales for it are also relevant for national central banks (NCBs).

The article first provides a concise overview of supervisory liability in selected EU Member States and under general Union law. Then the article examines the conceptual underpinnings of supervisory liability, summarizing the legal, public policy, and other arguments for and against it. The following part of the article examines the application to NCBs of the traditional rationales for supervisory liability. Lastly, the article draws some conclusions of relevance to the ongoing reorganization of banking supervision in the EU, with an emphasis on those of the EU Member States where banking supervision has recently from dedicated authorities to NCBs.