IL PUBLIC INTEREST ASSESSMENT NELLA RISOLUZIONE BANCARIA. ALCUNE ANNOTAZIONI CRITICHE

The public interest assessment (PIA) is a necessary prerequisite for taking resolution action in the event of a bank’s failure. On the other hand, in the field of state aid, the public interest summarizes the non-competitive objectives generally referred to in order to extend or contract the application of antitrust rules. The purpose of this paper is to formulate some assessments regarding the underlying meaning of the requirement of public interest on which the various competent authorities are called upon to pronounce themselves, in the new regulatory context of reference. In particular, the SRB and the EU Commission make use of different notions of public interest, which coexist at different levels. It follows that, with respect to the concrete case, each interpretation of the public interest will be structured according to a very peculiar scheme that makes it extremely difficult to identify unique and absolute paradigms. In this regard, the research attempts to arrive at the enunciation of canons, although general, in any case functional to be declined with respect to the specific regulatory and application cases to be taken as a reference.