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On The Scope And Limits Of The Application Of National Law By The European Central Bank Within The Single Supervisory Mechanism
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Book Synopsis On the Scope and Limits of the Application of National Law by the European Central Bank Within the Single Supervisory Mechanism by : Florin Coman-Kund
Download or read book On the Scope and Limits of the Application of National Law by the European Central Bank Within the Single Supervisory Mechanism written by Florin Coman-Kund and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation 1024/2013 has established the Single Supervisory Mechanism (SSM) as a milestone towards the establishment of a full-fledged European Banking Union (EBU). This mechanism represents an unprecedented centralization in the area of financial market supervision in the internal market by shifting powers from national supervisory authorities to the European Central Bank (ECB), to be exercised primarily by its newly established Supervisory Board. In principle, the ECB is in charge of direct supervision of significant credit institutions, whereas the competent national supervisors remain in charge of all other credit institutions. Yet it can be observed as a rather peculiar feature of the SSM model that the ECB has the duty to carry out its tasks under EU law by directly applying national legislation. More specifically, Article 4(3) of the SSM Regulation compels the ECB to apply both national legislation implementing relevant EU directives and national rules exercising options granted by EU regulations. This article examines the application by the ECB of national rules in fulfilling its tasks under the SSM Regulation by focusing on a number of salient legal challenges posed by these novel regulatory arrangements in the EU. For this purpose, the application of different national implementing rules by the ECB is scrutinized. Here the analysis focuses on the difficulties that a supranational authority such as the ECB may face in interpreting, applying, and enforcing the national rules of different member states, as well as the implications these difficulties may have for the coherence of the European financial regulatory and supervisory system that was one of the main goals of the establishment of the EBU. Next, the challenges arising in terms of legal review and protection against ECB measures that are based on the application of national law are analyzed. In particular, issues pertaining to access to justice as regards the competent court(s) and the law applicable to disputes involving the application of national legislation by the ECB are investigated.
Book Synopsis The Legal Framework Applicable to the Single Supervisory Mechanism by : Giovanni Bassani
Download or read book The Legal Framework Applicable to the Single Supervisory Mechanism written by Giovanni Bassani and published by Kluwer Law International B.V.. This book was released on 2019-02-11 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Application of National Law by the European Central Bank Within the Single Supervisory Mechanism by : Tom Uri
Download or read book The Application of National Law by the European Central Bank Within the Single Supervisory Mechanism written by Tom Uri and published by . This book was released on 2019 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The European Central Bank (ECB) Under the Single Supervisory Mechanism (SSM) by : Paul Weismann
Download or read book The European Central Bank (ECB) Under the Single Supervisory Mechanism (SSM) written by Paul Weismann and published by . This book was released on 2017 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of the Eurozone-project 'Banking Union', the European Central Bank (ECB) was vested with a large pouvoir in the field of banking supervision. Such an empowerment of the ECB is principally provided for in Article 127 (6) TFEU, on which basis the SSM Regulation was therefore adopted. However, this provision allows for the delegation upon the ECB of 'specific [supervisory] tasks' only. In order to avoid a conflict with the ECB's monetary policy function, a new (internal) body of the ECB, the Supervisory Board, was established, which is essentially dealing with the ECB's supervisory tasks. Its supervisory draft decisions come into effect if the Governing Council of the ECB does not object to them (reverse majority voting). Within the broader framework of the SSM, the supervisory branch of the ECB and, under the latter's guidance, the national supervisory authorities together perform banking supervision in the Eurozone. The means the ECB has at its hand in order to determine national supervision are without precedent in the long history of the European Verwaltungsverbund, of European Union-Member States administrative cooperation that is.This paper addresses the functioning and the limits of the SSM with a view to answering the following three questions: How does administrative cooperation work within and with the supervisory authorities outside the SSM, for example the European Banking Authority (EBA)? Is the delegation of banking supervisory powers upon the ECB, as effected by the SSM Regulation, in accordance with Article 127 (6) TFEU and the Meroni-criteria, which were recently re-considered by the Court? Is the reverse majority voting to be applied in the Governing Council of the ECB when deciding upon a draft of the Supervisory Board in compliance with the ECB's decision-making rules as laid down in the Statute of the ESCB/ECB, for example primary law?
Book Synopsis The enforcement dimension of the single supervisory mechanism by : SILVIA ALLEGREZZA
Download or read book The enforcement dimension of the single supervisory mechanism written by SILVIA ALLEGREZZA and published by CEDAM. This book was released on 2020-09-14 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Single Supervisory Mechanism (SSM) by : Christos V. Gortsos
Download or read book The Single Supervisory Mechanism (SSM) written by Christos V. Gortsos and published by . This book was released on 2015 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis European Central Banking Law by : Christos V. Gortsos
Download or read book European Central Banking Law written by Christos V. Gortsos and published by Springer Nature. This book was released on 2020-02-14 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of European Union (EU) central banking law, a field of EU economic law which emerged in the late 1990s and has developed rapidly ever since. European central banking law pertains to the rules governing the functions, operation, tasks and powers of the European Central Bank (ECB) and the national central banks (NCBs) of EU Member States. Systematically presenting and analysing the role of the ECB as a monetary and banking supervisory authority, the book discusses its changing and developing responsibilities following the financial crisis of 2007-2009 and the ongoing fiscal crisis in the euro area. The book also highlights the ECB’s significant role in relation to the resolution of credit institutions, as well as, conversely, its relatively limited role in respect of last-resort lending to EU credit institutions exposed to liquidity risk. The related tasks and powers of the ECB are presented in light of its interaction with NCBs within the Eurosystem, the European System of Financial Supervision, the Single Supervisory System and the Single Resolution Mechanism. Providing a detailed analysis of the legal framework governing (mainly) the ECB’s monetary policy and other basic tasks within the Eurosystem and its specific tasks in relation to banking supervision and macro-prudential financial oversight, this comprehensive book will be of interest to researchers, practitioners and students in the fields of EU monetary and banking law.
Book Synopsis Research Handbook on the Enforcement of EU Law by : Miroslava Scholten
Download or read book Research Handbook on the Enforcement of EU Law written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.
Book Synopsis European Banking Supervision by : André Sapir
Download or read book European Banking Supervision written by André Sapir and published by . This book was released on 2016-06-14 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: European banking supervision, also known as the Single Supervisory Mechanism, is the first and arguably the main component of European banking union. In late 2014, the European Central Bank became the supervisor for the region's largest banking groups; the ECB also oversees the supervision by national authorities of smaller banks. This Blueprint is the first in-depth study of how this ground-breaking reform is working in practice. Despite teething troubles and occasional misjudgements, this assessment finds that overall European banking supervision has been effective, demanding and broadly fair, at least for the banks under the ECB's direct watch. Even so, achieving a truly single market in banking services will require more time, further supervisory initiatives and new Europe-wide regulatory and legislative steps.
Book Synopsis The Single Supervisory Mechanism Or 'SSM', Part One of the Banking Union by : Eddy Wymeersch
Download or read book The Single Supervisory Mechanism Or 'SSM', Part One of the Banking Union written by Eddy Wymeersch and published by . This book was released on 2014 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Framework for Banking Supervision by :
Download or read book Legal Framework for Banking Supervision written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: European Central Bank (ECB) presents this updated digital compilation of Union legal acts on banking supervision. The digital compilation contains legal acts on banking supervision focusing primarily on the acts the ECB has adopted since the inception of the Single Supervisory Mechanism (SSM) in 2014. The compilation consists of three volumes. The fundamentals of the SSM are included in Volume I. This volume consists of Council Regulation (EU) No 1024/2013 conferring specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions, which establishes the SSM and lays down several general rules and principles, and Regulation (EU) No 468/2014 establishing the framework for cooperation within the SSM between the ECB and the national competent authorities and with national designated authorities (the 'SSM Framework Regulation'), which lays down more detailed rules with regard to the actual functioning of the SSM. The Statute of the European System of Central Banks and of the European Central Bank also contains a number of institutional provisions that apply to the ECB when acting in its supervisory capacity.
Book Synopsis A Banking Union for the Euro Area by : Rishi Goyal
Download or read book A Banking Union for the Euro Area written by Rishi Goyal and published by International Monetary Fund. This book was released on 2013-02-12 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law of the European Central Bank by : Chiara Zilioli
Download or read book The Law of the European Central Bank written by Chiara Zilioli and published by Hart Publishing. This book was released on 2001-10-12 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new work offers an in-depth analysis of the European Central Bank and aims to promote a better understanding of it's tasks and activities.
Book Synopsis The New European Central Bank: Taking Stock and Looking Ahead by : Thomas Beukers
Download or read book The New European Central Bank: Taking Stock and Looking Ahead written by Thomas Beukers and published by Oxford University Press. This book was released on 2022-12-02 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Central Bank (ECB) was first introduced in the European legal order on the occasion of the Treaty of Maastricht (1992). An official EU institution which is governed by EU law, the ECB of modern times differs vastly from its inception in 1998, which manifests in three main ways: monetary policy options, consideration of concerns other than low inflation in its policy-making, and its role in the Banking Union. This edited collection offers a retrospective and prospective account of the ECB, charting its evolution in detail with chapters written by leading academics and practitioners. Part 1 examines the substantive changes to monetary policy introduced by the ECB as a consequence of the financial and sovereign debt crisis by considering their legal basis. Part 2 moves beyond monetary policy by shifting to the new roles that the ECB has been called upon to play, notably in banking supervision and resolution. Parts 3 and 4 deal with transformations to inter- and intra-institutional relations, and take stock of these transformations, reflecting on the nature of the ECB of current times and which direction it could be heading in the future. The authors analyse the most salient and controversial elements of the ECB's crisis response, including unconventional monetary policy measures and the ECB's risk management strategy. Beyond monetary policy, the book further examines the role played by objectives such as financial stability and environmental sustainability, the ECB's relationship to the Lender of Last Resort function, as well as its new responsibilities in the Banking Union.
Book Synopsis The Individual in the Economic and Monetary Union by : Ana Bobić
Download or read book The Individual in the Economic and Monetary Union written by Ana Bobić and published by Cambridge University Press. This book was released on 2024-01-25 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: A contribution to legal theories of accountability, this book offers pioneering research on the position of the individual in the EU's Economic and Monetary Union. Its premise is that the EU's response to the financial crisis placed undue emphasis on equality of Member States, to the detriment of political equality of citizens. As a remedy, this book reimagines legal accountability as the vehicle for achieving the common interest, by presenting a novel understanding of the relationship between solidarity and equality. Institutionally, the author argues that, by carrying out intensive review of the duty to state reasons, courts can ensure that decision-makers act in the common interest. The book explores judicial review in financial assistance, the monetary policy mechanisms of the European Central Bank, and the Single Supervisory Mechanism. Looking into the future, it tests its theoretical and normative propositions on the newly established Next Generation EU. This title is also available as Open Access on Cambridge Core.
Book Synopsis The Dynamics of Powers in the European Union by : Christina Eckes
Download or read book The Dynamics of Powers in the European Union written by Christina Eckes and published by Bloomsbury Publishing. This book was released on 2024-09-19 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. Drawing on expertise from across these sectors, with a strong conceptual thread linking all the contributions, this important work illustrates how different branches of government co-determine each others' powers.
Book Synopsis The European Central Bank, Institutional Aspects by : Rene Smits
Download or read book The European Central Bank, Institutional Aspects written by Rene Smits and published by Kluwer Law International B.V.. This book was released on 1997-03-06 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Holländ., franz., dt., span. und ital. Zusammenfass.
