Financial Regulation And Civil Liability In European Law

Author : Olha O. Cherednychenko,Mads Andenas
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 54,9 Mb
Release : 2020-11-10
Category : Electronic
ISBN : 1789908108

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Financial Regulation and Civil Liability in European Law by Olha O. Cherednychenko,Mads Andenas Pdf

This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted. Examining EU law and the law of several current EU member states, one former EU member state, and the US, expert contributors consider the level of coordination between financial regulation and civil liability achieved throughout different sectors of financial services and activities, such as payments, credit, and securities, as well as among the various actors involved in public, private, and hybrid enforcement, such as courts, alternative dispute resolution bodies, and financial regulators. Distinguished scholars contribute a variety of perspectives, combining top- and bottom-up legal comparative analysis, law and economics, and experimentalist governance, in order to outline directions for cross-sector and cross-actor coordination to develop more fully at EU and national level. In doing so, they highlight the need to fundamentally rethink the role of civil liability, and private law remedies more generally, as a regulatory and compensatory tool in European financial law. Scholars across the fields of European and private law, financial regulation and economics will find this book to be an astute and engaging read. It will also prove an indispensable guide for practitioners working in financial regulation and private law throughout the EU and beyond.

Author : Olha O. Cherednychenko,Mads Andenas
Publisher : Edward Elgar Publishing
Page : 327 pages
File Size : 46,6 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781789908114

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Financial Regulation and Civil Liability in European Law by Olha O. Cherednychenko,Mads Andenas Pdf

This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.

Author : Paula Giliker
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 54,9 Mb
Release : 2017-10-27
Category : Electronic
ISBN : 9781785365720

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Research Handbook on EU Tort Law by Paula Giliker Pdf

The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.

Author : Danny Busch,Professor of Financial Law Danny Busch,Christos Gortsos,Professor of Public Economic Law Christos Gortsos,Gerard McMeel QC,Professor of Commercial and Financial Law Gerard McMeel Qc
Publisher : Oxford University Press, USA
Page : 528 pages
File Size : 55,5 Mb
Release : 2022-06-17
Category : Electronic
ISBN : 0198868936

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Liability of Financial Supervisors and Resolution Authorities by Danny Busch,Professor of Financial Law Danny Busch,Christos Gortsos,Professor of Public Economic Law Christos Gortsos,Gerard McMeel QC,Professor of Commercial and Financial Law Gerard McMeel Qc Pdf

This is the first book to focus on the liability regimes which apply to financial supervisors and resolution authorities at the EU level, at the level of major individual EU Member States, and in major jurisdictions worldwide.

Author : Danny Busch,Guido Ferrarini,Jan Paul Franx
Publisher : Oxford University Press, USA
Page : 656 pages
File Size : 54,8 Mb
Release : 2020-01-22
Category : Law
ISBN : 0198846525

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Prospectus Regulation and Prospectus Liability by Danny Busch,Guido Ferrarini,Jan Paul Franx Pdf

This new work provides integrated analysis of and guidance on the Prospectus Regulation 2017, civil liability for a misleading prospectus, and securities litigation in a European context. The prospectus rules are one of the cornerstones of the EU Capital Markets Union and analysis of this aspect of harmonisation, the areas not covered by the rules, and the impact of Brexit, provides valuable reference for all advising and researching this field. The first section serves as an introduction to the volume with relevant context. Part two discusses the subjects of Prospectus Regulation from both a legal and economic perspective. Each chapter within part two focuses on a key subject of the new Prospectus Regulation, providing an in-depth analysis of each issue. Part III of the work explains the domestic law on liability for a misleading prospectus, this issue being omitted from the Regulation. The law and practice in each of the key capital markets centres in Europe is analysed and compared, with the UK chapter covering the issues and possible solutions under Brexit. In the chapter on securities litigation there is full consideration of conflicts of laws issues with reference to the Brussels I regulation, and the Rome I and II Regulations. The fifth and final section looks to the future of disclosure practices in connection with securities offerings in the EU. The editors evaluate their key findings in a succinct summary to inform and enlighten the reader.

Author : Marnix Wallinga
Publisher : Springer Nature
Page : 440 pages
File Size : 43,8 Mb
Release : 2020-10-30
Category : Law
ISBN : 9783030540012

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EU Investor Protection Regulation and Liability for Investment Losses by Marnix Wallinga Pdf

This book examines the relationship between the EU investor protection regulations enshrined in MiFID and MiFID II and national contract and torts law. It describes how the effect of the conduct of business rules as implemented in national financial supervision legislation in private law extends to the issue of enforcement, and critically assesses this interaction from the perspective of EU law. In particular, the conclusions identified in the book will deepen readers’ understanding of the interplay between the conduct of business rules and private law norms governing a firm’s liability to pay damages, such as duty of care, attributability of damage, causation, contributory negligence and limitation. In turn, the book identifies the subordination and the complementarity model to conceptualise the interaction between the conduct of business rules and private law norms. Moreover, the book challenges the view that civil courts are – or should be – forced to give private law effects to violation of the MiFID and MiFID II conduct of business rules in line with the subordination model. Instead, the complementarity model is advanced as the preferred approach to this interaction in view of what MiFID and MiFID II require from Member States in terms of their implementation, as well as the desirability of each model. This model presupposes that courts should consider the conduct of business rules when adjudicating individual disputes, while preserving the autonomy of private law norms governing liability of investment firms towards clients. Based on analysis of case law of courts in Germany, the Netherlands and England & Wales, as well as scholarly literature, the book also compares the available causes of action, the conditions of liability and the obstacles investors face when claiming damages, as well as how and the extent to which investors can benefit from the conduct of business rules in clearing these obstacles. In so doing, under the approach adopted by national courts to the interplay between the conduct of business rules of EU origin and private law, the book shows how investors can benefit from the influence of these rules on private law norms. In closing, it demonstrates a hybridisation of private law remedies resulting from the accommodation of the conduct of business rules into the private law discourse according to the complementarity model, illustrating how judicial enforcement through private law means may contribute to investor protection.

Author : Pierpaolo Marano,Ioannis Rokas
Publisher : Springer
Page : 258 pages
File Size : 51,9 Mb
Release : 2019-04-28
Category : Law
ISBN : 3030116670

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Distribution of Insurance-Based Investment Products by Pierpaolo Marano,Ioannis Rokas Pdf

The book addresses a topic at the intersection of two heavily regulated sectors: insurance and investment services. Until recently, scholars and professionals have approached insurance and investment services as two separate categories in the financial services sector, and as being governed by separate regulatory frameworks. In practice, however, the boundaries were and are blurred, a reality that regulators have begun to recognize and address in their more recent regulatory texts. The first part of the book approaches the new standards applicable to investment products based on insurance: insurance-based investment products (IBIPs). These rules are harmonized across the EU. The rationale behind this new definition is provided, together with a description of these products’ limitations. The analysis addresses the new rules and explores the legal regime and relevant standards applicable to IBIPs. The organizational rules concerning the design and distribution of IBIPs are also examined, and the book highlights e.g. how these rules are inspired by the principles of conduct. In closing, the ADR systems are analysed, in order to ascertain whether or not they can offer an effective tool for settling disputes over these products. In turn, the second part focuses on the liability for distribution of IBIPs, which ranks as one of the most conspicuous and relatively new legal phenomena, but at the same time, represents an exceptionally important field of civil liability in today’s world. Liability is still regulated at the national level. Thus, the four largest life insurance markets in the EU are considered, along with the largest emerging market for life insurance. The chapters on national laws also consider whether, and if so, how the new harmonized rules on IBIPs are being combined with those already in force in the jurisdictions considered. The goal is to determine whether the new rules are likely to change the doctrine and case law approach to these products, or whether the European legislators’ choices have no real impact on the protection of clients.

Author : Adrienne Héritier,Johannes Karremans
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 46,9 Mb
Release : 2021-11-28
Category : Electronic
ISBN : 1800379587

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Regulating Finance in Europe by Adrienne Héritier,Johannes Karremans Pdf

This timely book presents an in-depth investigation of who benefits from European financial market regulatory measures and how decision-makers and stakeholders are held politically and administratively accountable. The extensive study illustrates the full range of the actors involved in key regulatory processes such as the regulation of high-frequency trading and the activities of central-clearing counterparties. Chapters outline how politicians, regulators and market players are linked in various political and administrative accountability mechanisms. Providing analysis of how the accountability channels are linked to policy content, contributors ask whether specific regulatory objectives and results give rise to the mobilising of accountability mechanisms. Regulating Finance in Europe critically examines the implementation of major EU legislative packages in financial regulation (MiFID II and CMU), offering a unique empirical insight into how different modes of accountability in financial market regulation are linked with different policy effects. This comprehensive yet accessible book will be an invaluable read for politicians and practitioners working in finance as well as academics in EU politics and policies. It will also provide a useful resource for undergraduate and postgraduate students of political science, law and economics.

Author : Dorine J. Verheij
Publisher : Unknown
Page : 128 pages
File Size : 51,7 Mb
Release : 2021
Category : Electronic
ISBN : 9054549238

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Credit Rating Agency Liability in Europe by Dorine J. Verheij Pdf

The credit rating industry called for many debates on its civil liability since the origin of the industry at the beginning of the twentieth century. In 2013, the Union legislature introduced a right to damages, which issuers and investors can directly enforce against credit rating agencies under Article 35a CRA Regulation. This provision has drawn attention because of its remarkable structure: Article 35a CRA Regulation introduced a legal ground for civil liability at the European level, while general tort law has not been harmonised at the European level. This book investigates Article 35a CRA Regulation from multiple legal perspectives. Combining EU law, Private International Law and Dutch, French, German and English national private law, this book answers the main question of whether Article 35a CRA Regulation achieves its post-crisis goal of being an adequate right of redress for issuers and investors whilst it has to be interpreted under various systems of national law. In answering this question, the book takes a broader European approach and also rates the usefulness of Article 35a CRA Regulation as a European template for civil liability to be used by the Union legislature. Bron: Flaptekst, uitgeversinformatie.

Author : Niamh Moloney
Publisher : Oxford University Press
Page : 993 pages
File Size : 49,8 Mb
Release : 2023-03-29
Category : Electronic
ISBN : 9780198844877

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EU Securities and Financial Markets Regulation by Niamh Moloney Pdf

Over the decade or so since the global financial crisis rocked EU financial markets and led to wide-ranging reforms, EU securities and financial markets regulation has continued to evolve. The legislative framework has been refined and administrative rulemaking has expanded. Alongside, the Capital Markets Union agenda has developed, the UK has left the EU, and ESMA has emerged as a decisive influence on EU financial markets governance. All these developments, as well as the Covid-19 pandemic, have shaped the regulatory landscape and how supervision is organized. EU Securities and Financial Markets Regulation provides a comprehensive, critical, and contextual account of the intricate rulebook that governs EU financial markets and its supporting institutional arrangements. It is framed by an assessment of how the regime has evolved over the decade or so since the global financial crisis and considers, among other matters, the post-crisis reforms to key legislative measures, the massive expansion of administrative rulemaking and of soft law, the Capital Markets Union agenda, the development of supervisory convergence as the means for organizing pan-EU supervision, and ESMA's role in EU financial markets governance. Its coverage extends from capital-raising and the Prospectus Regulation to financial market intermediation and the MiFID II/MiFIR and IFD/IFR regimes, to the new regulatory regimes adopted since the global financial crisis (including for benchmarks and their administrators), to retail market regulation and the PRIIPs Regulation, and on to the EU's third country regime and the implications of the UK's departure from the EU. This is the fourth edition of the highly successful and authoritative monograph first published as EC Securities Regulation. Heavily revised from the third edition to reflect developments since the global financial crisis, it adopts the in-depth contextual and analytical approach of earlier editions and so considers the market, political, institutional, and international context of the regulatory and supervisory regime.

Author : Andrea Miglionico
Publisher : Edward Elgar Publishing
Page : 360 pages
File Size : 52,5 Mb
Release : 2019
Category : LAW
ISBN : 9781786439949

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The Governance of Credit Rating Agencies by Andrea Miglionico Pdf

The global crisis revealed that credit rating agencies (CRAs) are capable of bringing about potential distortions in the financial sector, thereby resulting in a reduction in market confidence which, in turn, influences negotiations and expectations. CRAs need to be held accountable for lack of transparency and inaccurate ratings, however the existing regulatory framework does not secure adequate investor protection. This book provides a new and important contribution to research in the area, at a crucial time in the debate around financial regulation and investment regimes.

Author : Maren Heidemann
Publisher : Springer Nature
Page : 1099 pages
File Size : 40,6 Mb
Release : 2024-06-03
Category : Electronic
ISBN : 9783031284977

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The Transformation of Private Law – Principles of Contract and Tort as European and International Law by Maren Heidemann Pdf

Author : Fernando Gascón Inchausti,Burkhard Hess,Esther Sánchez Coro
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2020
Category : Civil procedure
ISBN : 1780688598

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The Future of the European Law of Civil Procedure by Fernando Gascón Inchausti,Burkhard Hess,Esther Sánchez Coro Pdf

This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.

Author : Daniel Cash
Publisher : Edward Elgar Publishing
Page : 169 pages
File Size : 48,7 Mb
Release : 2024-02-12
Category : Law
ISBN : 9781035315055

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ESG Rating Agencies and Financial Regulation by Daniel Cash Pdf

ESG Rating Agencies and Financial Regulation presents an essential and nuanced understanding of rating agencies through the utilisation of signalling theory. Daniel Cash provides fresh insight on the role of ESG rating agencies in the financial market and explores the relationship between ESG and modern business practices to explain the continued drive for effective ESG rating agencies.

Author : Pieter Jan Kuijper,Fabian Amtenbrink,Deirdre Curtin,Bruno De Witte,Alison McDonnell
Publisher : Kluwer Law International B.V.
Page : 1456 pages
File Size : 55,7 Mb
Release : 2018-09-28
Category : Law
ISBN : 9789041154125

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The Law of the European Union and the European Communities by Pieter Jan Kuijper,Fabian Amtenbrink,Deirdre Curtin,Bruno De Witte,Alison McDonnell Pdf

The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.