ECB Annual Report on supervisory activities

Chart 8
Number of requests for review unchanged from 2015
<strong>ECB</strong> decision confirmed
<strong>ECB</strong> decision amended / reasoning improved
Request inadmissible
Request withdrawn
Opinions pending
8
6
1
1
2
4
3
4
1
2
2
1
0
1
2 2
2016 2015 2014
Source: <strong>ECB</strong>.
Topics under review and issues of relevance
The requests submitted to the Administrative Board of Review touched upon several
topics and types of supervisory decisions: corporate governance, compliance with
supervisory requirements, and withdrawal of a licence.
The review of <strong>ECB</strong> decisions in 2016 mainly concerned their compliance with
procedural rules, including due process requirements, accurate statement of the
facts, sufficient grounds in the statement of reasons and compliance with the
proportionality principle. The Administrative Board also had to examine the
cooperation between the <strong>ECB</strong> and NCAs, which in some cases involved banks
outside the SSM (that were part of a significant banking group directly supervised by
the <strong>ECB</strong>).
The review of <strong>ECB</strong> decisions was challenging particularly due to regulatory
fragmentation (diverse transposition of European law at national level) and the
remaining wide scope for national discretions.
In 2016 the Administrative Board held oral hearings in two cases. Oral hearings
provide the applicants with the opportunity to be heard, and the <strong>ECB</strong> with the
opportunity to present its views. Over time, oral hearings have proven to be an
important element of the review process.
4.3 <strong>ECB</strong> Banking Supervision staffing
Since the start of the SSM on 4 November 2014, it has become clear that more
resources than initially anticipated are required for a number of key tasks. In
<strong>ECB</strong> <strong>Annual</strong> <strong>Report</strong> on supervisory activities 2016 − Organisational set-up of <strong>ECB</strong> Banking
Supervision 56