The Administrative Board of Review (ABoR) carries out internal administrative reviews of the ECB’s supervisory decisions, ensuring that such decisions are compliant with the rules and procedures.
Administrative reviews may be requested by any person or legal entity directly affected by an ECB supervisory decision.
An ABoR review focuses on the “procedural and substantive conformity” of the contested decision with the SSM Regulation, while respecting the margin of discretion left to the ECB.
In practical terms, the ABoR reviews whether due process was respected, whether the reasoning behind the decision is appropriate, whether the decision complies with applicable law, whether there are any manifest errors in the assessment, whether the decision is manifestly disproportionate and whether the ECB misused its powers.
The outcome of the review is a non-binding opinion addressed to the Supervisory Board, proposing that it either abrogate the initial decision or replace it with an identical or amended one for final approval by the Governing Council under the non-objection procedure.
Owing to the outbreak and rapid spread of the coronavirus (COVID-19), the ABoR needs to temporarily adjust its working arrangements. In particular, where the ECB has decided to suspend the application of a supervisory decision, the ABoR will generally also suspend the corresponding proceedings before it, if any, for the duration of that suspension. Moreover, and in the interests of due process, the ABoR may adapt its procedures, which may include an extension of the review period in those cases where an oral hearing is deemed necessary.
The five members and two alternates are appointed for renewable terms of five years. They have professional supervisory experience and relevant knowledge in the field of banking, but cannot be current staff members of the ECB, national supervisors, or any other national or EU institution or body.
Administrative Board of Review (as at 13 January 2020)
|Vice-Chair||Concetta Brescia Morra|
|Member||F. Javier Arístegui Yáñez|