The Legal Framework Applicable To The Single Supervisory Mechanism


The Legal Framework Applicable To The Single Supervisory Mechanism
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The Legal Framework Applicable To The Single Supervisory Mechanism


The Legal Framework Applicable To The Single Supervisory Mechanism
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Author : Giovanni Bassani
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-02-11

The Legal Framework Applicable To The Single Supervisory Mechanism written by Giovanni Bassani and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-11 with Law categories.


In this innovative book a leading expert directly involved in the development and implementation of the framework compellingly demonstrates the necessity of removing differences in banking legislation across national borders within the Banking Union. The author analyses all the cases where the European Central Bank (ECB) is required to apply national legislation in accordance with the country of establishment of the credit institutions under its direct supervision within the Single Supervisory Mechanism (SSM). Drawing on the case law of the European Court of Justice concerning the transposition of EU Directives the book also develops an analytical methodology to assess the derivation of national legislation from EU law with application to several concrete cases. In an in-depth analysis of the complex legal environment in which the ECB, as prudential supervisory authority, has been operating, the author thoroughly answers the following questions: – What are the supervisory tasks and powers of the ECB in the micro and macroprudential spheres? – When is the ECB required to apply national legislation? – What are the 'direct' and the 'indirect' supervisory powers of the ECB vis-à-vis significant supervised entities? – What are the options and discretions available in EU law? – What are the most important prudential options the ECB has exercised for significant supervised entities? – What are the main legal obstacles to the establishment of a truly single supervisory jurisdiction within the Euroarea with actual fungibility of capital and liquidity for cross-border banking groups? The legal analysis in this book supports, with great authority, the demands for a leap forward in the full harmonisation of key prudential requirements within the Banking Union. Legal and banking practitioners, officials in national and European authorities, banking law scholars and policymakers will benefit enormously from the lessons it contains for the way forward of the Banking Union and, more generally, the future of the European Union itself.



Legal Framework For Banking Supervision


Legal Framework For Banking Supervision
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Author :
language : en
Publisher:
Release Date : 2021

Legal Framework For Banking Supervision written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.


European Central Bank (ECB) presents this updated digital compilation of Union legal acts on banking supervision. The digital compilation contains legal acts on banking supervision focusing primarily on the acts the ECB has adopted since the inception of the Single Supervisory Mechanism (SSM) in 2014. The compilation consists of three volumes. The fundamentals of the SSM are included in Volume I. This volume consists of Council Regulation (EU) No 1024/2013 conferring specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions, which establishes the SSM and lays down several general rules and principles, and Regulation (EU) No 468/2014 establishing the framework for cooperation within the SSM between the ECB and the national competent authorities and with national designated authorities (the 'SSM Framework Regulation'), which lays down more detailed rules with regard to the actual functioning of the SSM. The Statute of the European System of Central Banks and of the European Central Bank also contains a number of institutional provisions that apply to the ECB when acting in its supervisory capacity.



The Enforcement Dimension Of The Single Supervisory Mechanism


The Enforcement Dimension Of The Single Supervisory Mechanism
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Author : SILVIA ALLEGREZZA
language : en
Publisher: CEDAM
Release Date : 2020-09-14

The Enforcement Dimension Of The Single Supervisory Mechanism written by SILVIA ALLEGREZZA and has been published by CEDAM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-14 with Law categories.


This book explores the sheer complexity of the SSM’s institutional design adopting an comprehensive approach to banking supervision. At its core, this work examines the tangible mechanisms of prudential regulation or supervision both at the European and national levels, offering a comparative analysis of ten national systems. Reflecting the results of an intensive, four-year research project that saw the collaboration of academics and practitioners, it addresses two interrelated issues. It investigates the efficacy of the shared national- and EU-level enforcement system the EU introduced in reaction to the financial and banking crisis.Secondly, it scrutinizes the role that criminal law can play in sanctioning the breaches to banking regulation.



The Single Supervisory Mechanism


The Single Supervisory Mechanism
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Author : Klaus Lackhoff
language : en
Publisher: Beck/Hart
Release Date : 2017-07-13

The Single Supervisory Mechanism written by Klaus Lackhoff and has been published by Beck/Hart this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-13 with Law categories.


The Single Supervisory Mechanism (SSM) will be considered as a significant category in the Eurozone as of November 2014. Thus, the European banking architecture is fundamentally changed and adapted to the requirements of a European banking union. Contents: - Purpose of the SSM and Basic Functioning - Some Fundamental Questions. - Governance Structure and Decision Making - The Applicable Nouns and Procedural Law - Determining the Significance of Credit Institutions and the Endowment of the ECB - Tasks and Powers Relating to all Credit Institutions - Tasks and Powers Relating to the On-Going Supervision of Significant Credit Institutions - Enforcement and Sanctioning Powers - Close Cooperation - Supervisory Fees - Contesting ECB supervisory decisions in front of the ABoR - Contesting ECB - Non-contractual liability of the ECB for ECB supervisory decisions - SSM Regulation (SWOP) and the so-called Framework Regulation of the European Central Bank (FR) are the legal basis for the institutional and operational architecture of the SSM.



The Single Supervisory Mechanism Ssm


The Single Supervisory Mechanism Ssm
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Author : Christos V. Gortsos
language : en
Publisher:
Release Date : 2015

The Single Supervisory Mechanism Ssm written by Christos V. Gortsos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Banks and banking categories.




The Palgrave Handbook Of European Banking Union Law


The Palgrave Handbook Of European Banking Union Law
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Author : Mario P. Chiti
language : en
Publisher: Springer
Release Date : 2019-05-16

The Palgrave Handbook Of European Banking Union Law written by Mario P. Chiti and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with Business & Economics categories.


This handbook analyses the European Banking Union legal framework focusing on legislative acts (regulations and directives), case law and the resolution procedures. In addition, it will pay attention to the division of responsibilities between the ECB and the national authorities, with special attention to the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM). To give a more complete picture, the book will also cover the implementation of European Deposit Insurance Scheme (so called third pillar) still under construction, and appeal to academics, researchers and students of banking and financial law.



The European Banking Union And The Role Of Law


The European Banking Union And The Role Of Law
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Author : Gianni Lo Schiavo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019

The European Banking Union And The Role Of Law written by Gianni Lo Schiavo and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Bailouts (Government policy) categories.


The European Banking Union and the Role of Law offers a comprehensive and unique examination of the European Banking Union’s (EBU) impact on existing legal disciplines and assesses the role of law in shaping the EBU framework.



Banking Supervision And Criminal Investigation


Banking Supervision And Criminal Investigation
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Author : Giulia Lasagni
language : en
Publisher: Springer Nature
Release Date : 2019-08-22

Banking Supervision And Criminal Investigation written by Giulia Lasagni and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-22 with Law categories.


In the aftermath of the last financial crisis, on both sides of the Atlantic banking supervisors were given new supervisory and enforcement powers, which are often of a substantially punitive-criminal nature. In Europe in particular, the establishment of the Single Supervisory Mechanism within the European Central Bank substantially increased centralised investigatory and sanctioning powers. This major innovation, together with the development of forms of real-time monitoring of banking (often digital) records, challenges traditional banking criminal investigations in their national-based and analogue dimension.The book offers a comprehensive account and perspective analysis of the interactions between the criminal and administrative nature of such new powers, highlighting their “punitive” overall nature and their impact on fundamental rights. Covering both the US and the EU regulatory frameworks, it presents unprecedented, trans-systemic research between criminal law and procedure, and between regulatory and administrative law, at the international, European and national level.The book also includes a rich and detailed selection of case law from the US and the European supreme courts, with a specific focus on CJEU and ECtHR decisions.



European Central Banking Law


European Central Banking Law
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Author : Christos V. Gortsos
language : en
Publisher: Springer Nature
Release Date : 2020-02-14

European Central Banking Law written by Christos V. Gortsos and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-14 with Business & Economics categories.


This book provides a comprehensive overview of European Union (EU) central banking law, a field of EU economic law which emerged in the late 1990s and has developed rapidly ever since. European central banking law pertains to the rules governing the functions, operation, tasks and powers of the European Central Bank (ECB) and the national central banks (NCBs) of EU Member States. Systematically presenting and analysing the role of the ECB as a monetary and banking supervisory authority, the book discusses its changing and developing responsibilities following the financial crisis of 2007-2009 and the ongoing fiscal crisis in the euro area. The book also highlights the ECB’s significant role in relation to the resolution of credit institutions, as well as, conversely, its relatively limited role in respect of last-resort lending to EU credit institutions exposed to liquidity risk. The related tasks and powers of the ECB are presented in light of its interaction with NCBs within the Eurosystem, the European System of Financial Supervision, the Single Supervisory System and the Single Resolution Mechanism. Providing a detailed analysis of the legal framework governing (mainly) the ECB’s monetary policy and other basic tasks within the Eurosystem and its specific tasks in relation to banking supervision and macro-prudential financial oversight, this comprehensive book will be of interest to researchers, practitioners and students in the fields of EU monetary and banking law.



Regulating And Supervising European Financial Markets


Regulating And Supervising European Financial Markets
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Author : Mads Andenas
language : en
Publisher: Springer
Release Date : 2016-08-16

Regulating And Supervising European Financial Markets written by Mads Andenas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-16 with Law categories.


The book analyses the institutions of the European financial market supervision and the challenges of financial markets. The current European supervisory structure for financial markets represents a major development in European supervisory history. Its operation however has to be explored and analysed critically. Has it gone far enough to provide a sufficiently comprehensive and resilient system to reduce or mitigate systemic risks and handle financial crises? Some claim it has gone too far already. Fresh and rigorous critical legal and economic analysis from an independent scholarly perspective are needed to assess whether the institutional design of the European supervisory architecture has proved itself to be an efficient and effective model. This book discusses many dimensions of the structure and workings of the European system from various angles providing different dimensions. The book makes an important contribution to the limited literature on financial market supervision.