European Prudential Banking Regulation And Supervision

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European Prudential Banking Regulation and Supervision

Larisa Dragomir
European Prudential Banking Regulation and Supervision Book PDF

Author : Larisa Dragomir
Publisher : Routledge
Page : 448 pages
File Size : 42,6 Mb
Release : 2010-04-05
Category : Business & Economics
ISBN : 9781135149918

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European Prudential Banking Regulation and Supervision by Larisa Dragomir Pdf

The financial market events in 2007-2009 have spurred renewed interest and controversy in debates regarding financial regulation and supervision. This book takes stock of the developments in EU legislation, case law and institutional structures with regards to banking regulation and supervision, which preceded and followed the recent financial crisis. It does not merely provide an update, but anchors these developments into the broader EU law context, challenging past paradigms and anticipating possible developments. The author provides a systematic analysis of the interactions between the content of prudential rules and the mechanisms behind their production and application European Prudential Banking Regulation and Supervision includes discussions of the European banking market structure and of regulatory theory that both aim to circumscribe prudential concerns. It scrutinises the content of prudential norms, proposes a qualification of these norms and an assessment of their interaction with other types of norms (corporate, auditing and accounting, consumer protection, competition rules). It also features an analysis of the underpinning institutional set-up and its envisaged reforms, focusing on the typical EU concerns related to checks and balances. Finally, the book attempts to revive the debate on supervisory liability, in light of the developments discussed. This book will be of great value to all those interested in financial stability matters (practitioners, policy-makers, students, academics), as well as to EU law scholars.

Banking Regulation and World Trade Law

Lazaros E. Panourgias
Banking Regulation and World Trade Law Book PDF

Author : Lazaros E. Panourgias
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 45,8 Mb
Release : 2006-04-07
Category : Law
ISBN : 9781847311818

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Banking Regulation and World Trade Law by Lazaros E. Panourgias Pdf

Banking Regulation and World Trade Law concerns the legal aspects of the interaction between banking regulation and international trade in financial services. The author studies the internal banking market of the European Union, the liberalisation of financial services trade in the World Trade Organization, the accords of the Basel Committee on Banking Supervision and the European Central Bank. The book focuses on the balancing between banking regulation and international trade law. It discusses discrimination and proportionality in national banking regulation, the allocation of prudential regulation and supervision between home and host country, and international financial law-making. The author questions decentralised/nation-based banking regulation and supervision as a foundation for a sustainable liberalisation of international trade in financial services. The book considers various reforms of the international financial architecture, such as the incorporation of the Basel processes and accords into the WTO system, and the setting up of new international institutions by building on the Basel Committees or the IMF structures. The role of central banking in designing the international financial architecture is also explored: the book reviews the ECB's competence over foreign exchange policy and its function as lender of last resort, and treats price stability, banking soundness and representation as critical concepts. The analysis also reveals that the concept of 'prudential', despite its extensive use in banking regulation, has not been defined with adequate precision. In seeking to delineate the interface between international economic law and banking regulation, Dr Panourgias builds on the rich European scholarship on institutional financial issues and the US interdisciplinary approach to world trade law. He also entertains the notion of international financial law as a distinct field. The book will be of particular interest to those concerned with financial law and international banking.

The future of EU financial regulation and supervision

Great Britain: Parliament: House of Lords: European Union Committee
The future of EU financial regulation and supervision Book PDF

Author : Great Britain: Parliament: House of Lords: European Union Committee
Publisher : The Stationery Office
Page : 88 pages
File Size : 47,7 Mb
Release : 2009-06-17
Category : Business & Economics
ISBN : 0108444392

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The future of EU financial regulation and supervision by Great Britain: Parliament: House of Lords: European Union Committee Pdf

The European Union Committee undertook this inquiry as the implications of the financial crisis became clear. Supervisors in the UK, in the EU, and globally failed to identify the impending meltdown, and failed to take preventative action. Reform of regulation and supervision of the financial system has become an important political topic. In response to the crisis the European Commission has so far published four regulatory proposals on Capital Requirements, Deposit Guarantee Schemes, Credit Rating Agencies and Alternative Investment Funds. The first two of these have been agreed and are largely sensible responses to the crisis. The proposals to regulate alternative investment funds and credit rating agencies are more controversial, highlighting the need for more thorough consultation, impact assessment and risk analysis. Further coordination of supervision of the EU financial institutions and markets is seen as necessary and financial services in the EU will benefit from strengthened macro- and micro-prudential supervision. This should provide a more effective early warning system for mitigating systemic risks and help improve the operation of the single market in financial services. The Committee supports the establishment of a new body at the EU level to assess and monitor macro-prudential systemic risks arising from financial markets and institutions. Major strengthening of the powers of any EU micro-prudential body is, though, a matter of some controversy and thorough and careful debate of the alternatives for reform within existing limitations is necessary. The Commission has applied state aid rules speedily and flexibly and has helped ensure that bail-outs of failing banks and mitigation of damage to the real economy do not jeopardise the single market.

Financial Regulation and Supervision

Eddy Wymeersch,Klaus J. Hopt,Guido Ferrarini
Financial Regulation and Supervision Book PDF

Author : Eddy Wymeersch,Klaus J. Hopt,Guido Ferrarini
Publisher : OUP Oxford
Page : 659 pages
File Size : 40,6 Mb
Release : 2012-08-16
Category : Law
ISBN : 9780191636653

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Financial Regulation and Supervision by Eddy Wymeersch,Klaus J. Hopt,Guido Ferrarini Pdf

This comprehensive account of financial regulation and supervision in times of crisis analyses the complex changes under way regarding the new financial regulatory structures in the EU. Focusing on the organisation of financial supervision, it deals with the background to the reforms, the architecture of the regulatory system, the likely implications for the financial institutions and the challenge of international co-operation. Changes in the US have been heavily criticised and in Europe a brand new regulatory system with three new regulatory agencies and a systemic risk board has been developed. National systems are in the process of being updated. International cooperation, although still difficult, has made progress, with the Financial Stability Board now acting on behalf of the G.20. Central bank cooperation has improved significantly and in the meantime, sectoral regulations are being adapted in full speed, such as Basel III, AIDMD, MiFID and many others. This book gives an overall view of these complex changes. The first section of the book provides an assessment of the reforms and considers the background to their making. In the section on regulatory structure there is analysis of the new regulatory bodies, their complex competences and actions. The book also takes a critical look at their likely effectiveness. The final section of the work considers the actual implementation of the new rules in a cross-border context.

Handbook of Central Banking, Financial Regulation and Supervision

S. Eijffinger,Donato Masciandaro
Handbook of Central Banking Financial Regulation and Supervision Book PDF

Author : S. Eijffinger,Donato Masciandaro
Publisher : Edward Elgar Publishing
Page : 673 pages
File Size : 42,5 Mb
Release : 2011-01-01
Category : Business & Economics
ISBN : 9781849805766

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Handbook of Central Banking, Financial Regulation and Supervision by S. Eijffinger,Donato Masciandaro Pdf

ÔThis Handbook is a must read for policy makers and practitioners alike as well as excellent reading for advanced academic courses in international banking.Õ Ð Allard Bruinshoofd, SUERF ÔThis collection of papers is essential reading for anyone interested in central banking, regulation and supervision. Sylvester Eijffinger and Donato Masciandaro have brought together contributions from the leading academics, central bankers and regulators, providing the most up-to-date analysis of this critical subject.Õ Ð Paul Mizen, University of Nottingham, UK This stimulating and original Handbook offers an updated and systematic discussion of the relationship between central banks, financial regulation and supervision after the global financial crisis. The crisis has raised new questions about the compatibility of monetary and financial stability, which are changing the face of central banking and its relationships with the architecture of financial regulation and supervision. The Handbook explores on both the economics and political economy of the topic, in order to understand how and why reforms of the role of the central banks can be designed and implemented. The general suggestion is that future effectiveness of the central banking architecture will depend on its ability to ensure the consistency between the monetary actions in normal and extraordinary times. Consequently the possible paths in the central bank strategies and tactics, as well as in the classic concepts of independence, accountability and transparency, are analyzed and discussed. With chapters written by outstanding scholars in economics, this lucid Handbook will appeal to academics, policymakers and practitioners, ranging from central bankers and supervisory authorities to financial operators. Among the academics it would be of particular interest to financial and monetary economists (including postgraduate students), but the institutional slant and the central theme of relations between economics, institutional settings and politics will also be invaluable for political scientists.

The enforcement dimension of the single supervisory mechanism

SILVIA ALLEGREZZA
The enforcement dimension of the single supervisory mechanism Book PDF

Author : SILVIA ALLEGREZZA
Publisher : CEDAM
Page : 638 pages
File Size : 40,8 Mb
Release : 2020-09-14
Category : Law
ISBN : 9788813369859

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The enforcement dimension of the single supervisory mechanism by SILVIA ALLEGREZZA Pdf

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.

Regulating and Supervising European Financial Markets

Mads Andenas,Gudula Deipenbrock
Regulating and Supervising European Financial Markets Book PDF

Author : Mads Andenas,Gudula Deipenbrock
Publisher : Springer
Page : 437 pages
File Size : 49,8 Mb
Release : 2016-08-16
Category : Law
ISBN : 9783319321745

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Regulating and Supervising European Financial Markets by Mads Andenas,Gudula Deipenbrock Pdf

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.

State and Financial Systems in Europe and the USA

Dr Jaime Reis,Mr Stefano Battilossi
State and Financial Systems in Europe and the USA Book PDF

Author : Dr Jaime Reis,Mr Stefano Battilossi
Publisher : Ashgate Publishing, Ltd.
Page : 244 pages
File Size : 44,5 Mb
Release : 2013-06-28
Category : History
ISBN : 9781409480730

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State and Financial Systems in Europe and the USA by Dr Jaime Reis,Mr Stefano Battilossi Pdf

During the twentieth century the financial sector became possibly the most regulated area of the economy in many advanced and developing countries. The interwar years represented the defining moment for the escalation of governments' intervention, turning the State into the core of financial systems in its capacity of regulator, supervisor or owner. The essays in this collection shed light on different aspects of the experience of financial regulation, ownership and deregulation in Europe and the USA from a secular historical perspective. The volume's chapters explore how the political economy of finance changed in the nineteenth and twentieth centuries and how such changes were related to shifting attitudes towards globalization. They also investigate how regulation responded to governance problems of financial intermediaries and markets, and how different legal frameworks and institutional architectures influenced such response. The collection engages with a set of issues as diverse as they are interrelated across countries and over time: the regulatory attitude of British authorities toward the banking system and the stock exchange market in the nineteenth and twentieth centuries; the comparative evolution of bankruptcy laws and procedures; the link between state, regulation and governance in the evolution of the US and French financial systems; the emergence of banking regulation and supervision by central banks; the regulation and supervision of international financial markets since the 1950s; and the connection between deregulation and banking crises at the end of the past century. Taken as a whole, the chapters offer an intriguing insight into the differing ways western countries approached and responded to the challenges of the international financial system, and the legacy of this on the modern world. In so doing the volume holds up to historical scrutiny the debate as to whether overt state regulation of financial markets always has a negative affect on economic growth, or whether it can be an essential tool for developing nations in their efforts to expand their economies.

Financial Regulation in the European Union

Rainer Kattel,Jan Kregel,Mario Tonveronachi
Financial Regulation in the European Union Book PDF

Author : Rainer Kattel,Jan Kregel,Mario Tonveronachi
Publisher : Routledge
Page : 412 pages
File Size : 41,9 Mb
Release : 2015-10-08
Category : Business & Economics
ISBN : 9781317428831

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Financial Regulation in the European Union by Rainer Kattel,Jan Kregel,Mario Tonveronachi Pdf

This collection offers a comparative overview of how financial regulations have evolved in various European countries since the introduction of the single European market in 1986. It includes a number of country studies which provides a narrative of the domestic financial regulatory structure at the beginning of the period, as well the means by which the EU Directives have been introduced into domestic legislation and the impact on the financial structure of the economy. In particular, studies highlight how the discretion allowed by the Directives has been used to meet the then existing domestic conditions and financial structure as well as how they have modified that structure. Countries covered are France, Germany, Italy, Spain, Estonia, Hungary and Slovenia. The book also contains an overview of regulatory changes in the UK and Nordic countries, and in post-crisis USA. This comparative approach raises questions about whether past and more recent regulatory changes have in fact contributed to increase financial stability in the EU. The comparative analysis provided in this book raises questions on whether the past and more recent changes are contributing to increase the financial stability and efficiency of individual banks and national financial systems. The crisis has demonstrated the drawbacks of formulating the regulatory framework on standards borrowed from the best industry practices from the large developed countries, originally designed exclusively for large global banks, but now applied to all financial institutions.

Banking Law

Andreas Kokkinis,Andrea Miglionico
Banking Law Book PDF

Author : Andreas Kokkinis,Andrea Miglionico
Publisher : Routledge
Page : 445 pages
File Size : 47,7 Mb
Release : 2021-03-16
Category : Business & Economics
ISBN : 9781000335552

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Banking Law by Andreas Kokkinis,Andrea Miglionico Pdf

Banking regulation and the private law governing the bank-customer relationship came under the spotlight as a result of the global financial crisis of 2007–2009. More than a decade later UK, EU and international regulatory initiatives have transformed the structure, business practices, financing models and governance of the banking sector. This authoritative text offers an in-depth analysis of modern banking law and regulation, while providing an assessment of its effectiveness and normative underpinnings. Its main focus is on UK law and practice, but where necessary it delves into EU law and institutions, such as the European Banking Union and supervisory role of the European Central Bank. The book also covers the regulation of bank corporate governance and executive remuneration, the promises and perils of FinTech and RegTech, and the impact of Brexit on UK financial services. Although detailed, the text remains easy to read and reasonably short; pedagogic features such as a glossary of terms and practice questions for each chapter are intended to facilitate learning. It is a useful resource for students and scholars of banking law and regulation, as well as for regulators and other professionals who are interested in reading a precise and evaluative account of this evolving area of law.

Cross-border Coordination of Prudential Supervision and Deposit Guarantees

Daniel C. L. Hardy,Maria J. Nieto
Cross border Coordination of Prudential Supervision and Deposit Guarantees Book PDF

Author : Daniel C. L. Hardy,Maria J. Nieto
Publisher : Unknown
Page : 28 pages
File Size : 42,8 Mb
Release : 2008
Category : Bank failures
ISBN : IND:30000087928010

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Cross-border Coordination of Prudential Supervision and Deposit Guarantees by Daniel C. L. Hardy,Maria J. Nieto Pdf

The scramble to expand deposit guarantees in Europe in response to recent financial turmoil confirms that the on-going integration of European financial markets requires closer coordination of prudential policies and financial safety nets. We study the optimal design of prudential supervision and deposit guarantee regulations in a multi-country, integrated banking market such as the European Union, where policy-makers have either similar or asymmetric preferences regarding profitability and stability of the banking sector. The paper concludes with recommendations on policy priorities in this area.

The Legal Framework Applicable to the Single Supervisory Mechanism

Giovanni Bassani
The Legal Framework Applicable to the Single Supervisory Mechanism Book PDF

Author : Giovanni Bassani
Publisher : Kluwer Law International B.V.
Page : 250 pages
File Size : 45,6 Mb
Release : 2019-02-11
Category : Law
ISBN : 9789403508733

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The Legal Framework Applicable to the Single Supervisory Mechanism by Giovanni Bassani Pdf

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 European Banking Union

Giuseppe Boccuzzi
The European Banking Union Book PDF

Author : Giuseppe Boccuzzi
Publisher : Springer
Page : 237 pages
File Size : 49,7 Mb
Release : 2016-01-26
Category : Business & Economics
ISBN : 9781137555656

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The European Banking Union by Giuseppe Boccuzzi Pdf

The 2008 financial crisis all but brought down the financial system and real economies of industrial countries. The Banking Union took a broad approach to resolve the structural fragmentation and distortions in the European banking system which were major obstacles to a working single market for financial services. This book examines the numerous changes happening to European legislations for the prevention and management of banking crises. What emerges is a changing picture of regulations and institutions, of goals, tools and opinions, public and private, European and national all involved in the task. The book focuses on the new framework for banking crisis management, starting from the foundations of banking regulation and supervision. It explores the institutional architecture of banking supervision and crisis management, the powers of the authorities, the tools for administrative actions, the complexities of business and bankruptcy laws, individual rights and their legal guarantees.

Organisation of Banking Regulation

Alexander Wellerdt
Organisation of Banking Regulation Book PDF

Author : Alexander Wellerdt
Publisher : Springer
Page : 116 pages
File Size : 40,8 Mb
Release : 2015-03-31
Category : Law
ISBN : 9783319176383

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Organisation of Banking Regulation by Alexander Wellerdt Pdf

This book illustrates the interaction of banking regulators and discusses with it related legal and economic challenges. First, the importance of administrative organisations for the implementation of regulatory law towards banks and financial institutions is shown. On this basis five model types of administrative organisations in the field of banking regulation are derived. Thereby, banking regulators can be classified due to their influence on regulatory decisions. Their influence runs from preparation across enforcement to control of regulatory decisions. In particular, the cooperation of the European Central Bank with national banking regulators is analysed. Finally, the main legal and economic arguments of Banking Regulation in the Economic and Monetary Union are discussed.

Macroprudential Banking Supervision & Monetary Policy

Luca Amorello
Macroprudential Banking Supervision Monetary Policy Book PDF

Author : Luca Amorello
Publisher : Springer
Page : 408 pages
File Size : 53,9 Mb
Release : 2018-08-27
Category : Business & Economics
ISBN : 9783319941561

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Macroprudential Banking Supervision & Monetary Policy by Luca Amorello Pdf

The European experience suggests that the efforts made to achieve an efficient trade-off between monetary policy and prudential supervision ultimately failed. The severity of the global crisis have pushed central banks to explore innovative tools—within or beyond their statutory constraints—capable of restoring the smooth functioning of the financial cycle, including setting macroprudential policy instruments in the regulatory toolkit. But macroprudential and monetary policies, by sharing multiple transmission channels, may interact—and conflict—with each other. Such conflicts may represent not only an economic challenge in the pursuit of price and financial stability, but also a legal uncertainty characterizing the regulatory developments of the EU macroprudential and monetary frameworks. In analyzing the “legal interaction” between the two frameworks in the EU, this book seeks to provide evidence of the inconsistencies associated with the structural separation of macroprudential and monetary frameworks, shedding light upon the legal instruments that could reconcile any potential policy inconsistency.