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The main topic of this paper is the validity of the establishment of an EU agency, the Single Resolution Board, ie whether it was created on a valid legal basis in accordance with the Treaty of Lisbon. More broadly, but also on a smaller scale, the topic of the paper is also whether the creation of an EU agency, such as the SRB, is a prime example of transition from a system of EU vertical federalism to a system of EU horizontal federalism and whether that transition is in accordance with the constitutional framework of the EU. The paper will also give an explanation of the three stages of the European Banking Union, the term ‘resolution’, and a brief overview of the SRB.