Autoritatea de supraveghere bancară şi instituţia de credit aflată într-o situaţie precară
The banking supervisory authority and the credit institution being in a precarious condition

Summary/Abstract: The work analyzes the relationship between the banking supervision authority and credit institution in a bad situation. In order to protect the deponents’ interests and to ensure the stability and viability of the whole banking system. The National Bank of Romania provides the prudential supervision of credit institutions, Romanian legal persons. Since the regulation – O.U.G. no. 99/2006 – has been adopted, the legislator added special procedures – special supervision and special administration which is achieved by either the supervisor directly or the special administrator named by the N.B.R. that develops its activity consonant to the law. The crisis at the European and International levels, has determined the national authorities to adopt laws in view of avoiding the bad situation of credit institutions. In Romania, as well, by law modification, new provisions were introduced in order to provide the right of the N.B.R. to decide, according to the law, the adoption of one of the measures of stabilization towards a credit institution being in a bad situation. The work analyzes the legal framework available to the N.B.R. by the option towards one of the three stabilization provisions, provided by the law. The new law text analysis results in the legal relation between the national supervision authority and credit institutions being in a bad situation pointing out the role of the competent authority that according to the new legal provisions aims at proving its efficiency during cirses periods, creating an adquate legal framework for the Romanian banking system viability.

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