The Single Resolution Mechanism
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The Single Resolution Mechanism
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Author : Robby Houben
language : en
Publisher:
Release Date : 2017
The Single Resolution Mechanism written by Robby Houben and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Banking law categories.
This book takes stock after a year of application of the SRM and examines the situation from various perspectives: the perspective of the SRB, the NRA, the supervised bank and judicial protection. Special attention is given to the division of power between the RB and the NRA and the impact on the supervised bank, the relationship and links between the SRM and the SSM and the query whether the right balance between national and supranational powers has been struck, also in view of the principle of subsidiarity.
Resolution In Europe The Unresolved Questions
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Author : Andreas Dombret
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2019-04-15
Resolution In Europe The Unresolved Questions written by Andreas Dombret and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-15 with Law categories.
The work draws conclusions of the fourth conference in a series on the subject of "too big to fail", hosted by the Institute for Law and Finance at Goethe University, Frankfurt am Main on April 23, 2018. It presents the views of key European Union officials as well as senior executives from the financial sector on where Europe stands in this crucial area.
European Banking Union
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Author : Danny Busch
language : en
Publisher: Oxford Eu Financial Regulation
Release Date : 2019-08-22
European Banking Union written by Danny Busch and has been published by Oxford Eu Financial Regulation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-22 with Law categories.
Part of the Oxford EU Financial Regulation Series, this work analyses the implications of the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM) for banks in Europe, and the second edition reflects the experience in practice of this regime both economically and legally. The new edition provides reflection on the efficacy and problems with the central banking regulatory regime. There are new chapters on capital adequacy, fit and proper testing under the SSM, and deposit guarantee schemes. A further additional chapter considers the impact of the Bank Resolution and Recovery Directive (BRRD) and its interaction with the SRM by detailed analysis of relevant case law. Whist offering insightful updates to existing chapters on the Single Rulebook, CRD IV, the SSM and the SRM, the second edition also includes brand new chapters covering a range of subjects. Unique to the second edition, experienced scholars and practitioners explore The Deposit Guarantee Scheme, fit and proper testing within the SMM, BRRD and SRB in practice. This book benefits from the contributions of a team of leading scholars and practitioners who present a range of perspectives and methodologies. Case studies and in depth-analysis is presented to highlight topics such as supervised credit institutions, implications for financial market governance, and risk management and compliance. European Banking Union (second edition) is the ultimate companion for academics, legal practitioners, financial supervisors, and policy makers.
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.
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 European Banking Union
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Author : Jens-Hinrich Binder
language : en
Publisher: Beck/Hart
Release Date : 2016-01-28
The European Banking Union written by Jens-Hinrich Binder and has been published by Beck/Hart this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-28 with Law categories.
The creation of the European Banking Union and the transfer of supervisory and resolution powers from the Member States to the European level has drastically changed the institutional setting for banking supervision within the Eurozone. Against this backdrop, the book combines a collection of the legal instruments pertaining to the Banking Union with introductory chapters on the policy background and relevant institutional and substantive issues, including procedural matters and questions of legal redress. It thus offers a straightforward access to the relevant policy and substantive issues, which will be of help for practitioners, academics and students. Both editors have published on the relevant aspects before and combine the perspectives of different jurisdictions.
Eu Sanctions
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Author : Iain Cameron
language : en
Publisher:
Release Date : 2013
Eu Sanctions written by Iain Cameron and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Criminal law categories.
For the European Union, the famous "Kadi" cases have generated a wealth of articles dealing with the legal problems involved in EU implementation of UN Security Council sanctions. Less attention has been devoted to the numerous legal problems involved in the EU's own "autonomous" sanctions system. The subject is nevertheless topical, since there is a growing use of sanctions and the legal basis for sanctions has been changed with the Lisbon Treaty. EU sanctions are used both against regimes and against suspected terrorist financing. But these sanctions have developed "organically," without sufficient thought being given to certain basic issues (inter alia concerning procedural fairness). This has resulted in considerable litigation before the Court of Justice (CJEU). The new legal basis and the recent judgments from the CJEU have solved some difficulties, but "taking sanctions seriously" means new problems for national implementation, spanning a variety of areas: criminal law, constitutional law, international law, and European law. The essays in this book, written by distinguished scholars in their respective fields, deal with some of these issues: How should we go about measuring the impact(s) of targeted sanctions? * How coherent are these "administrative" measures of blacklisting with other existing and proposed EU measures in justice and home affairs promoting the criminal law model for dealing with the problem of terrorism (investigation, trial, conviction, and punishment/confiscation of assets)? * How can the problems caused for fair trial by the use of intelligence material be solved? * If we can (or must) continue to have sanctions in the area of terrorist financing, can they be made compatible with fundamental principles of national criminal law and criminal policy? * How does a system of "composite" decision-making (when the measure is partly national and partly at the EU level) avoid the risk that gaps arise in systems of legal protection? * What is the spillover effect of "over broad" quasi-criminal legislation directed at organizations, in the constitutional/human rights of freedom of expression and association? * How do EU sanctions fit into, and compare to, national systems for the proscription of terrorist organizations? * Should the same legal safeguards be applicable both for "regime" sanctions and anti-terrorist sanctions? (Series: Supranational Criminal Law: Capita Selecta - Vol. 15)
Safeguarding The Euro In Times Of Crisis
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Author :
language : en
Publisher:
Release Date : 2019
Safeguarding The Euro In Times Of Crisis written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
This book tells the inside story of those who played key roles in setting up the organisations and combatting the crisis. In exclusive interviews, global financial leaders and ESM insiders provide a rich stock of perspectives and anecdotes that bring to life the urgency of the crisis as well as the innovative solutions found to resolve it. The European Stability Mechanism and its temporary predecessor the EFSF provided billions of euros in loans to five hard-hit euro area countries during the European financial and sovereign debt crisis of the early 2000s, helping to safeguard the stability of those countries and the euro area as a whole. Initially, the crisis-torn euro area was ill-equipped institutionally, but the rapid establishment of the firewalls, the assistance programmes, deep‐seated country reforms, the strengthening of European institutions, and extraordinary European Central Bank measures shielded Europe from a euro area break-up. With the EFSF/ESM set-up, its managers aspired to create a new, more entrepreneurial international financial institution, one that is agile enough to respond quickly to new challenges, while still ensuring the strict governance befitting an organisation pursuing a public mission. The euro area has emerged from near disaster in more robust shape. As Europe strives to further strengthen its architecture in preparation for any possible future crises, it is important to reflect upon how the euro area reinvigorated its fortunes and draw the relevant lessons for future crisis management in Europe and beyond.
How To Fix The Euro
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Author : Stephen Pickford
language : en
Publisher: Chatham House
Release Date : 2015-01-31
How To Fix The Euro written by Stephen Pickford and has been published by Chatham House this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-31 with Business & Economics categories.
The global economic and financial crisis that started in 2007 exposed serious flaws in the euro's original design. This report examines why Europe's economic and monetary union was so badly affected by the crisis, and assesses whether further changes need to be made to the structure of economic governance that underpins it. A Chatham House, Elcano and AREL Report