El mecanismo de resolución bancaria¿procedimiento singular o expropiación forzosa?

Abstract

The bank resolution mechanism is a legal response that has been arbitrated from the international sphere to try to solve the challenge posed by the need to order in a feasible way the crisis of large banking entities, so that their bankruptcy does not affect the economic stability, nor does it imply the assumption of losses by taxpayers. However, the fundamental challenge that this mechanism has to face is how to reconcile the above purpose with respect for a right with a constitutional dimension, as is the case with the right to property. The purpose of this research work is to analyze the legal nature of this administrative procedure and, especially, it addresses whether the sale of the business from one bank to another involves a new form of compulsory expropriation...