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The subject of national discretions in European banking law, and in particular reducing their number, has been on the agenda for about 15 years. In the era before the introduction of not only the Single Rulebook but also the Single Supervisory MechanismSingle Supervisory Mechanism (SSM) (‘SSM’), national discretions played a particular role in the debate whether the large number of discretions as contained in the 2006 Capital Requirements DirectiveCapital Requirements Directive (CRD) (‘CRDCapital Requirements Directive (CRD) 2016’) did not prevent further harmonisationHarmonisation of the applicable rules of banking law within the European Union.

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The Principle of Proportionality as an Area of National Discretion

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  • 发表日期：

    2025年

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  • Bart P. M. Joosen

摘要

The subject of national discretions in European banking law, and in particular reducing their number, has been on the agenda for about 15 years. In the era before the introduction of not only the Single Rulebook but also the Single Supervisory MechanismSingle Supervisory Mechanism (SSM) (‘SSM’), national discretions played a particular role in the debate whether the large number of discretions as contained in the 2006 Capital Requirements DirectiveCapital Requirements Directive (CRD) (‘CRDCapital Requirements Directive (CRD) 2016’) did not prevent further harmonisationHarmonisation of the applicable rules of banking law within the European Union.