The Financing of the Single Resolution Fund through Ex Ante Contributions : Innovative Financing and Legal Challenges
(2026) EU Banking Union — ISBN: [9780198949749], 209-228, published
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- Abstract
- The Banking Union, established in 2012, represents a major constitutional, financial, and institutional development in the EU. Its 10-year anniversary offers a moment to reflect on its evolution, particularly the Single Resolution Mechanism (SRM) and its financing through ex ante contributions. These contributions, set out in Regulation No 806/2014, have been central to legal debates and remain subject to litigation. This chapter examines key legal issues surrounding their framework and implementation. First, it considers the choice of Article 114 TFEU as the legal basis for the SRM and its financing, highlighting that contributions follow an insurance-based logic rather than one of taxation. It then explores how the calculation methodology interacts with principles of legal certainty and proportionality. The analysis is framed by the legislative developments leading to the SRM’s adoption and the evolving case law of the European Court of Justice, offering insights into ongoing challenges.
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d’Ursel, E. (2026). The Financing of the Single Resolution Fund through Ex Ante Contributions : Innovative Financing and Legal Challenges. In Jonathan Bauerschmidt, Rafaele D’Ambrosio, Diane Fromage, Daniela Jaros, Paul Weisman (ed.), EU Banking Union (pp. 209-228). Oxford University Press. https://doi.org/10.1093/9780198949756.001.0001