Judicial Review in the Banking Union and the EU Financial Architecture
| Author | : |
| Publisher | : |
| Total Pages | : 94 |
| Release | : 2018 |
| Genre | : |
| ISBN | : |
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Judicial Review In The Banking Union And The Eu Financial Architecture
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Judicial Review in the European Banking Union
| Author | : Chiara Zilioli |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 672 |
| Release | : 2021-02-26 |
| Genre | : Law |
| ISBN | : 1800373201 |
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This is the first book to offer a profound, practical analysis of the framework for the judicial and pre-judicial protection of rights under the supranational banking supervision and resolution powers in the European Banking Union (EBU). It is also unique in its in-depth commentary on the developing case law from the European Court of Justice in this new field of EU litigation.
Interplay of Administrative Review and Judicial Protection in European Prudential Supervision - Some Issues and Concerns
| Author | : René Smits |
| Publisher | : |
| Total Pages | : 19 |
| Release | : 2018 |
| Genre | : |
| ISBN | : |
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This paper, a draft of which was presented at the Conference Judicial review in the Banking Union and in the EU financial architecture, jointly organized by the Banca d'Italia and the European Banking Institute in Rome on 21 November 2017, discusses the contours of administrative review of prudential decisions of the European Central Bank (ECB) and the main issues facing the Administrative Board of Review (ABoR) of the ECB, of which the author is an alternate member. The paper continues with a discussion of limited options to enhance transparency on review, both administrative and judicial, followed by a discussion of the main cases pending at the European Court of Justice in the area of banking union: the French banking industry against the ECB; Crédit Mutuel Arkéa against the ECB; and Crédit Agricole against the ECB. The L-Bank Case (T-122/15) and the Order in the Trasta Case (T-698/16) are summarised. The paper concludes with a call for more transparency and a possible alignment of financial sector review mechanisms. A postscript added after the Conference discusses developments since: judgments of 13 December 2017 in the Arkéa cases (Cases T-712/15 and Case T-52/16) and the appeals lodged against the Order in the Trasta case by the bank and its shareholders (Case C-669/17 P), by the ECB (Case C-663/17 P) and by the Commission (Case C-665/17 P), promising a landmark judgment on admissibility of bank shareholders acting against the withdrawal of a banking authorisation. Also, references to the list of banking union-related judicial cases at the website of the European Banking Institute were added.
The Role of Financial Stability in EU Law and Policy
| Author | : Gianni Lo Schiavo |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 328 |
| Release | : 2016-04-24 |
| Genre | : Law |
| ISBN | : 9041186123 |
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Since the outbreak of the 2008 financial crisis, European Union (EU) institutions and Member States have engaged in a major effort to repair the architecture of economic governance of the European Economic and Monetary Union (EMU). This book takes as its starting point the unclear notion of financial stability, which only recently has received a more detailed legal analysis. It examines the evolution of the concept of financial stability during the financial crisis and provides a conceptual framework in order to demonstrate that financial stability has become a foundational objective in Europe and has set a new normative framework in EU law and policy. Arguing that financial stability is a foundational objective in EU law and policy based on certain normative instruments, this ground-breaking book provides an in-depth and original understanding of the newly developed framework to attain supranational financial stability. In its analysis of the legal implications of these new instruments, the study examines topics and issues such as the following: - the concept and normative instruments of financial stability at European level; - the renewed economic governance in Europe; - the financial assistance mechanisms developed in Europe; - the new regulatory environment for banks at European level; - the Single Supervisory Mechanism and the role of the European Central Bank (ECB) therein; and - the new framework for banking resolution, with specific focus on the Single Resolution Mechanism. The author shows in detail how an appropriate level of supranational regulation, supervision, burden-sharing and rescue measures strengthen financial stability. Thereby, the book will appeal to officials in EU institutions and agencies as well as lawyers and academics in EU law and in banking/financial law to gain a clear understanding of role of financial stability and its normative instruments in EU law and policy. Gianni Lo Schiavo is currently working as a lawyer at the ECB. He obtained a PhD in EU Law at King's College, London, and has written numerous articles and chapters in EU administrative law, EU financial/banking law and EU competition law.
EU Law of Economic & Monetary Union
| Author | : Fabian Amtenbrink |
| Publisher | : Oxford University Press |
| Total Pages | : 1808 |
| Release | : 2020-05-21 |
| Genre | : Law |
| ISBN | : 019251248X |
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Presenting a sweeping analysis of the legal foundations, institutions, and substantive legal issues in EU monetary integration, The EU Law of Economic and Monetary Union serves as an authoritative reference on the legal framework of European economic and monetary union. The book opens by setting out the broader contexts for the European project - historical, economic, political, and regarding the international framework. It goes on to examine the constitutional architecture of EMU; the main institutions and their legal powers; the core legal provisions of monetary and economic union; and the relationship of EMU with EU financial market and banking regulation. The concluding section analyses the current EMU crisis and the main avenues of future reform.
The European Banking Union and the Role of Law
| Author | : Gianni Lo Schiavo |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2019 |
| Genre | : Banking law |
| ISBN | : 9781788972017 |
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"[This book examines] the European Banking Union’s (EBU) impact on existing legal disciplines and assesses the role of law in shaping the EBU framework. [Contributors provide] different perspectives on the single supervisory mechanism (SSM) and the single resolution mechanism (SRM). Evaluating and proposing original interpretations on the EBU at a key stage of its development in the European Union, this book assesses topical issues relating to the institutional and administrative rules of the EBU, the interpretation and application of banking law, supervision and resolution frameworks, judicial rules and protection in the EBU. The book is structured into three parts: a general overview of the EBU framework and specific reflections on both the SSM and the SRM. The contributions show that the EBU is a successful European integration project, yet challenges still lie ahead."--
EU Banking and Capital Markets Regulation
| Author | : Filippo Annunziata |
| Publisher | : Palgrave Macmillan |
| Total Pages | : 0 |
| Release | : 2025-05-28 |
| Genre | : Business & Economics |
| ISBN | : 9783031705281 |
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The relationship between EU and national law has taken up new forms and dimensions in the context of EU financial legislation. The wide reforms introduced in the EU financial architecture over the past years raised new issues and opened new perspectives, stimulating paramount discussions and debates that are far from being settled. Issues concerning the interplay between EU and national law relate to all the dimensions of EU financial legislation: the principles and solutions that are consolidating in this area are also likely to set the standard within other fields of EU policy and legislation. Considering, for example, legal sources, the need to foster higher levels of harmonisation among the legislations of member states needs to be balanced against the complex mechanism of options and discretions, as well as with the application of the principle of proportionality embedded in most of the fundamental texts of European financial legislation. Enforcement and institutional interplay are striking examples of the complexities of the new system. The application of traditional principles comes at grips with the continuous effort, by EU institutions and by the European Supervisory Authorities (ESAs), to set the ground for a stronger backbone of common principles for the application of EU legislation. This volume explores these topics in a new, multi-disciplinary perspective, that cuts across all relevant areas of European financial markets law.The relationship between EU and national law has taken up new forms and dimensions in the context of EU financial legislation. The wide reforms introduced in the EU financial architecture over the past years raised new issues and opened new perspectives, stimulating paramount discussions and debates that are far from being settled. Issues concerning the interplay between EU and national law relate to all the dimensions of EU financial legislation: the principles and solutions that are consolidating in this area are also likely to set the standard within other fields of EU policy and legislation. Considering, for example, legal sources, the need to foster higher levels of harmonisation among the legislations of member states needs to be balanced against the complex mechanism of options and discretions, as well as with the application of the principle of proportionality embedded in most of the fundamental texts of European financial legislation. Enforcement and institutional interplay are striking examples of the complexities of the new system. The application of traditional principles comes at grips with the continuous effort, by EU institutions and by the European Supervisory Authorities (ESAs), to set the ground for a stronger backbone of common principles for the application of EU legislation. This volume explores these topics in a new, multi-disciplinary perspective, that cuts across all relevant areas of European financial markets law.
The Euro-Crisis and the Courts
| Author | : Federico Fabbrini |
| Publisher | : |
| Total Pages | : 79 |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
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The Euro-crisis and the legal responses to it have profoundly changed the constitutional architecture of the Economic and Monetary Union (EMU) leading to the introduction of tighter budgetary rules, new mechanisms of financial stabilization and a comprehensive framework of economic adjustment for states in fiscal troubles. Yet, during the last years, the legal measures enacted by the European Union (EU) and the member states to respond to the crisis have increasingly fell prey to the scrutiny of courts, both at the national and supranational level. This paper provides a first comprehensive analysis of decisions by high courts in Estonia, France, Germany, Ireland, Portugal and the EU with the aim to discuss the role of the judiciary in fiscal affairs. The paper identifies a trend of increasing judicial involvement in EMU and explains it in light of the intergovernmental approach followed to respond to the Euro-crisis. As the paper argues, the choice of an intergovernmental management of the crisis, with frequent resort to international agreements outside the framework of EU law, has paradoxically produced greater judicialization than what would have occurred had the member states acted within the EU legal order. As the paper suggests, though, constitutional arguments related to expertise, voice and rights still plead in favor of letting the political branches take the lead in fiscal affairs. Hence, the paper concludes by indicating that future reforms of the EMU should be carried out through EU legislation - which is more legitimate in democratic terms (because of the political guarantees that surround law-making in the EU) and more secure in judicial terms (because of the more limited space for judicial overreach). Yet, the paper also underlines how the EU political process needs urgently to be reformed in order to improve its legitimacy and democracy.
Judicial Review and the Banking Resolution Regime
| Author | : Luis Silva Morais |
| Publisher | : |
| Total Pages | : |
| Release | : 2018 |
| Genre | : |
| ISBN | : |
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At the eve of the 2007 financial crisis, it was noticeable that the integration of Europe's financial sector was progressing at an uneven pace on at least two accounts. On the one hand, the banking industry displayed a greater degree of integration, certainly commensurate with its importance in the functioning of most of the Member States financial sectors, vis-à-vis the insurance sector and financial markets. On the other hand, financial integration had not been accompanied by the adoption of the necessary regulatory safeguards to curb down perverse incentives arising from the decoupling between increasing financial integration and national-bound regulation and supervision 5. The causes and effects of the 2007 financial crisis, as well as its economic and financial repercussions in the EU, are by now a widely versed and researched topic - and for that reason, one that we shall skip altogether - demanded swift action from the EU on several accounts.
A Banking Union for the Euro Area
| Author | : Rishi Goyal |
| Publisher | : International Monetary Fund |
| Total Pages | : 31 |
| Release | : 2013-02-12 |
| Genre | : Business & Economics |
| ISBN | : 1475569823 |
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The SDN elaborates the case for, and the design of, a banking union for the euro area. It discusses the benefits and costs of a banking union, presents a steady state view of the banking union, elaborates difficult transition issues, and briefly discusses broader EU issues. As such, it assesses current plans and provides advice. It is accompanied by three background technical notes that analyze in depth the various elements of the banking union: a single supervisory framework; a single resolution and common safety net; and urgent issues related to repair of weak banks in Europe.
