FUNDAMENTAL PROCEDURAL RIGHTS AND ECB BANKING SUPERVISION: AN ECB HEARING OFFICER?

This article explores the possibility of establishing a position at the European Central Bank (ECB) along the lines of the Hearing Officer (HO) provided for in European competition law; a position whose task would be to safeguard the effective exercise of procedural rights throughout the supervisory proceedings carried out by the ECB. To this end, after identifying the reasons that might justify such a regulatory intervention, the article outlines the legislation on the HO laid down in European competition law. It then illustrates some functions that could be entrusted to the HO of the ECB and the regulatory instruments that could concretely be used to establish the HO position. In the conclusions, the article suggests that the introduction of this position within the framework of the ECB should be undertaken gradually.