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Effective Legal Protection In Banking Supervision
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Book Synopsis Effective Legal Protection in Banking Supervision by : LAURA. WISSINK
Download or read book Effective Legal Protection in Banking Supervision written by LAURA. WISSINK and published by Europa Law Publishing. This book was released on 2021-05-12 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth analysis of the effectiveness of legal protection in the composite procedures in place within the Single Supervisory Mechanism (SSM), established to ensure an effective prudential banking supervision within the euro area. This system, in which the European Central Bank and national prudential banking supervisors closely cooperate, results in a far-reaching shared administration entailing supervisory decisions based on complex composite administrative procedures which involve both EU and national legal orders. The current system of legal protection seems not yet fully-fledged to the reality of increasingly far-reaching forms of shared administration for the implementation of EU law. This book addresses the tension between ensuring effective supervision, by means of a shared administration, and ensuring effective legal protection in composite administrative procedures. To arrive at a meaningful discussion of the SSM's far-reaching shared administration, it categorizes the composite procedures in place within the SSM in such a way that other shared administrations in fields of law such as the European Structural Funds, fisheries, and the Single Resolut
Book Synopsis Banking Supervision and Criminal Investigation by : Giulia Lasagni
Download or read book Banking Supervision and Criminal Investigation written by Giulia Lasagni and published by Springer Nature. This book was released on 2019-08-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Judicial Review in the European Banking Union by : Chiara Zilioli
Download or read book Judicial Review in the European Banking Union written by Chiara Zilioli and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Legal Protection: Liability and Immunity Arrangements of Central Banks and Financial Supervisors by : Ashraf Khan
Download or read book Legal Protection: Liability and Immunity Arrangements of Central Banks and Financial Supervisors written by Ashraf Khan and published by International Monetary Fund. This book was released on 2018-08-02 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper argues that central bank legal protection contributes to safeguarding a central bank and its financial supervisor’s independence, especially for conducting monetary and financial stability policy. However, such legal protection also entails enhanced accountability. To this end, the paper provides a selected overview of legal protection for central banks and financial supervisors (if the supervisor is part of the central bank), focusing on liability, immunity, and indemnification arrangements, and based on the IMF’s Central Bank Legislation Database. The paper also uses data from the IMF’s Article IV and FSAP Database, and the IMF MCM’s Technical Assistance Database. It lists selected country cases for illustrative purposes. It introduces the concepts of “appropriate legal protection” and “function-specific legal protection” as topics for further research.
Book Synopsis Judicial Protection Banks Under the Single Rulebook and the Single Supervisory Mechanism by : Mirik van Rijn
Download or read book Judicial Protection Banks Under the Single Rulebook and the Single Supervisory Mechanism written by Mirik van Rijn and published by . This book was released on 2022 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt: De financiële crisis uit 2008 leidde tot sterk toenemende Europese harmonisering van het financieel toezichtrecht. Daarnaast is de Europese Centrale Bank sinds de oprichting van de Bankenunie in 2014 verantwoordelijk voor het prudentieel toezicht op banken. De Europeanisering van de regelgeving en het toezicht betekent dat ook rechtsbescherming in toenemende mate naar het Europees niveau verplaatst. 00Hoe steekt het Europese systeem van rechtsbescherming voor banken ten aanzien van Europese regelgeving en Europees toezicht in elkaar? Het proefschrift 'Judicial protection for banks under the Single Rulebook and the Single Supervisory Mechanism' geeft een gedetailleerde uiteenzetting van de voorwaarden waaronder een (rechts)persoon toegang kan krijgen tot de Europese rechter, ondersteund met recente jurisprudentie. De auteur bespreekt zowel rechtsbescherming tegen handelingen van algemene strekking als geïndividualiseerde besluiten. Zo komen de mogelijkheden voor banken om Europese prudentiële regelgeving (het zogenaamde ?Single Rulebook?) en toezichtbesluiten van de Europese Centrale Bank (ECB) aan rechterlijke toetsing door het Europese Hof van Justitie te onderwerpen aan bod. De auteur stelt tekortkomingen vast en geeft suggesties tot verbetering van het Europese systeem van rechtsbescherming.
Book Synopsis International Convergence of Capital Measurement and Capital Standards by :
Download or read book International Convergence of Capital Measurement and Capital Standards written by and published by Lulu.com. This book was released on 2004 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Prudential Regulation and Banking Supervision by : Vincent P. Polizatto
Download or read book Prudential Regulation and Banking Supervision written by Vincent P. Polizatto and published by World Bank Publications. This book was released on 1990 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: To establish an effective program of banking supervision and prudential regulation, the public policy role of bank supervision must be clearly defined and understood and actions taken along several parallel tracks to strengthen the bank supervisory process, the legal framework, accounting and auditing, and the institutions themselves.
Book Synopsis Good Supervision: Lessons from the Field by : Mr. Tobias Adrian
Download or read book Good Supervision: Lessons from the Field written by Mr. Tobias Adrian and published by International Monetary Fund. This book was released on 2023-09-06 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Keeping banks safe and sound hinges on good supervision. The bank failures of March 2023 precipitated questions about the effectiveness of supervision. This paper reflects on lessons learned from this banking turmoil and reviews global progress in delivering effective supervision over the past ten years. It finds progress in areas like risk monitoring, stress testing, and business model analysis. Yet, progress has also been hampered by deficiencies in supervisory approaches, techniques, tools, and (use of) corrective and sanctioning powers, as well as by unclear mandates, inadequate powers, and lack of independence and resources. Overcoming these deficiencies requires supervisors to improve their own performance and other policy makers to contribute to ensuring vigilant, independent and accountable supervision.
Book Synopsis The Protection of Fundamental Rights in Composite Banking Supervision Procedures by : Argyro Karagianni
Download or read book The Protection of Fundamental Rights in Composite Banking Supervision Procedures written by Argyro Karagianni and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a thorough analysis of the protection of fundamental rights (right to privacy, legal professional privilege, privilege against self- incrimination, right to an effective remedy and ne bis in idem) in the composite procedures that take place in the context of the Single Supervisory Mechanism (SSM).0Within the SSM, the EU and national levels are in constant interaction. The interlocking of EU and national legal orders for the enforcement of EU law challenge traditional systems of control that were designed for and developed in the context of a single State jurisdiction. This book looks into the system of fundamental rights protection, as a mechanism that guides and controls executive action.0By studying the mutual interactions of three legal orders (EU, the Netherlands, Greece), the book concludes that in certain instances there are gaps in complete fundamental rights protection.0Concrete recommendations are thus brought forward,which are addressed to the ECB, the EU and national courts and the EU legislature and which aim at bolstering the protection of fundamental rights at the intersection between different legal orders and at the interface between administrative and criminal law enforcement.
Book Synopsis “But we are different!” by : Wouter Bossu
Download or read book “But we are different!” written by Wouter Bossu and published by International Monetary Fund. This book was released on 2015-09-10 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well-designed banking laws are critical for regulating the market access and operations of banks, as well as their removal from the market in case of failure. While at a financial policy level there is a broad consensus as to the content of banking laws, from a legal perspective their drafting often leaves something to be desired. In spite of what is often argued, the types of weaknesses of banking laws are hardly country-specific; many weaknesses are shared by many banking laws. This working paper discusses those weaknesses and ways to remedy them, by focusing on a selected set of legal policy principles.
Book Synopsis “But we are different!” by : Wouter Bossu
Download or read book “But we are different!” written by Wouter Bossu and published by International Monetary Fund. This book was released on 2015-09-10 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well-designed banking laws are critical for regulating the market access and operations of banks, as well as their removal from the market in case of failure. While at a financial policy level there is a broad consensus as to the content of banking laws, from a legal perspective their drafting often leaves something to be desired. In spite of what is often argued, the types of weaknesses of banking laws are hardly country-specific; many weaknesses are shared by many banking laws. This working paper discusses those weaknesses and ways to remedy them, by focusing on a selected set of legal policy principles.
Download or read book Banking Law written by Andreas Kokkinis and published by Routledge. This book was released on 2021-03-16 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Banking Law and Regulation by : Malloy
Download or read book Banking Law and Regulation written by Malloy and published by Aspen Publishers Online. This book was released on 1987 with total page 4496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Origins, History, and Future of the Federal Reserve by : Michael D. Bordo
Download or read book The Origins, History, and Future of the Federal Reserve written by Michael D. Bordo and published by Cambridge University Press. This book was released on 2013-03-25 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains essays presented at a conference held in November 2010 to mark the centenary of the famous 1910 Jekyll Island meeting of leading American financiers and the US Treasury. The 1910 meeting resulted in the Aldrich Plan, a precursor to the Federal Reserve Act that was enacted by Congress in 1913. The 2010 conference, sponsored by the Federal Reserve Bank of Atlanta and Rutgers University, featured assessments of the Fed's near 100-year track record by prominent economic historians and macroeconomists. The final chapter of the book records a panel discussion of Fed policy making by the current and former senior Federal Reserve officials.
Author :International Monetary Fund. Monetary and Capital Markets Department Publisher :International Monetary Fund ISBN 13 :1498336051 Total Pages :77 pages Book Rating :4.4/5 (983 download)
Book Synopsis An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency by : International Monetary Fund. Monetary and Capital Markets Department
Download or read book An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency written by International Monetary Fund. Monetary and Capital Markets Department and published by International Monetary Fund. This book was released on 2009-04-17 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.
Book Synopsis Macroprudential Banking Supervision & Monetary Policy by : Luca Amorello
Download or read book Macroprudential Banking Supervision & Monetary Policy written by Luca Amorello and published by Springer. This book was released on 2018-08-27 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Legal Aspects of the European System of Central Banks by : Liber Amicorum
Download or read book Legal Aspects of the European System of Central Banks written by Liber Amicorum and published by . This book was released on 2005 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book contains a collection of articles on the European Union and the European System of Central Banks (ESCB), the Eurosystem, monetary law, central bank independence and central bank statutes as well as on financial law. The authors are current or former members of the Legal Committee of the ESCB (LEGCO). This book commemorates ten years of work by the Working Group of Legal Experts of the European Monetary Institute and by the LEGCO. It is dedicated to Mr Paolo Zamboni Garavelli, former Head of the Legal Department at the Banca d'Italia and member of LEGCO, who died in 2004."--Editor.
