L’emergenza, pandemia ed intervento dell’autorità sull’impresa bancaria

Emergency interventions, in banking law, are not new actions: a set of interventions has slowly been stratified over time, almost always tied to the need to meet specific and contingent circumstances. The use / abuse of the emergency law is often accompanied by derogations from the ordinary rules and leads to a progressive deformation of the rule of law itself. To give a coherent reading of the system it becomes necessary to adopt the perspective of the protection of savings, intended as the only center of public interest that sees the point of unification in the perspective of people's rights: this is the only possible way to overcome the contrast between contrapositions of interests. From the perspective of rights, the Supervisory Authorities can place restrictions on the freedom of bank enterprise concerning their organizational autonomy and management operations (therefore even in the establishment of capital requirements or in the imposition of restrictions on the distribution of profits). We can therefore conclude that, in the emergency phase, the regulator’s interventions represent the result of an evolutionary process that becomes an ex-pression of the requirement of functional organization to the pursuit of the principle of sound and prudent management. A reflection on the role of the capital in the banking company allows to provide a confirmation of the interests protected by the banking system.