Abstract
The aim of this article is to illustrate the importance of the EU principle of proportionality for the application of the rules governing the composition and qualifications of credit institutions’ Board of Directors. The view taken is that the principle of proportionality as enshrined in the EU legislation and the case law can safeguard both the private and the public interests in favour of the smooth functioning of the banks and the stability of the financial system. Under this perspective, this article discusses special issues such as conditional approval, informal assessment, allocation of the burden of proof and judicial review.
Acknowledgment
I thank my colleagues Jenny Giotaki and Vassilis Hatzopoulos, as well as an anonymous reviewer for useful comments and suggestions. Remaining errors are mine.
© 2021 Walter de Gruyter GmbH, Berlin/Boston
