Marino Perassi

Bank of Italy and Judiciary: Cooperating for financial markets integrity

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Abstract

This work focuses on a lesser-explored aspect of the fruitful interaction between the judiciary and the Bank of Italy: the customer protection. The paper firstly recalls the evolution of banking legislation, where customers' rights protection has progressively turned into a formal policy goal of supervision. The work addresses also the risks of potential inconsistencies between administrative and judicial enforcement, thereby proposing a set of operational answers, also based on some comparative analysis. The final part refers to the most recent reforms of banking supervision at the EU level, implementing the Single Supervisory Mechanism and its predictable effects on the EU and Italian jurisdiction, paying special attention to sanctions.

Keywords

  • Banking Supervision
  • Customers' Rights Protection
  • Courts
  • EU Single Supervisory Mechanism

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