Responsabilità democratica della BCE e Internal Review dei suoi atti

The measures taken after the European crisis gave the ECB new functions in the field of prudential supervision, and built a system with a high level of complexity, both from a subjective point of view and from an objective one. In this field, constitutionalism calls for clear rules on judicial reviews in order to ensure correct accountability. From this point of view, the system of internal remedies provided by Regulations offers an interesting case-study. These administrative Boards of review are different for composition, procedures, nature of the judgment and the nature of the decision, and their juridical qualification is today a bit problematic. Their path is very similar to the path of the Conseil d'État or of the administrative tribunals of the United Kingdom. The comparison with these experiences can help to verify if the European model is moving towards a "dualistic approach" of specialized jurisdiction.