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The Legal Framework Applicable To The Single Supervisory Mechanism
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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 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 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 The Single Supervisory Mechanism by : Klaus Lackhoff
Download or read book The Single Supervisory Mechanism written by Klaus Lackhoff and published by Beck/Hart. This book was released on 2017-07-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Single Supervisory Mechanism (SSM) will be considered as a significant category in the Eurozone as of November 2014. Thus, the European banking architecture is fundamentally changed and adapted to the requirements of a European banking union. Contents: - Purpose of the SSM and Basic Functioning - Some Fundamental Questions. - Governance Structure and Decision Making - The Applicable Nouns and Procedural Law - Determining the Significance of Credit Institutions and the Endowment of the ECB - Tasks and Powers Relating to all Credit Institutions - Tasks and Powers Relating to the On-Going Supervision of Significant Credit Institutions - Enforcement and Sanctioning Powers - Close Cooperation - Supervisory Fees - Contesting ECB supervisory decisions in front of the ABoR - Contesting ECB - Non-contractual liability of the ECB for ECB supervisory decisions - SSM Regulation (SWOP) and the so-called Framework Regulation of the European Central Bank (FR) are the legal basis for the institutional and operational architecture of the SSM.
Book Synopsis The Palgrave Handbook of European Banking Union Law by : Mario P. Chiti
Download or read book The Palgrave Handbook of European Banking Union Law written by Mario P. Chiti and published by Springer. This book was released on 2019-05-16 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook analyses the European Banking Union legal framework focusing on legislative acts (regulations and directives), case law and the resolution procedures. In addition, it will pay attention to the division of responsibilities between the ECB and the national authorities, with special attention to the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM). To give a more complete picture, the book will also cover the implementation of European Deposit Insurance Scheme (so called third pillar) still under construction, and appeal to academics, researchers and students of banking and financial law.
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 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 Single Resolution Mechanism by : Robby Houben
Download or read book The Single Resolution Mechanism written by Robby Houben and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes stock after a year of application of the SRM and examines the situation from various perspectives: the perspective of the SRB, the NRA, the supervised bank and judicial protection. Special attention is given to the division of power between the RB and the NRA and the impact on the supervised bank, the relationship and links between the SRM and the SSM and the query whether the right balance between national and supranational powers has been struck, also in view of the principle of subsidiarity.
Book Synopsis The European Banking Union and the Role of Law by : Gianni Lo Schiavo
Download or read book The European Banking Union and the Role of Law written by Gianni Lo Schiavo and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[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."--
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 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 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 European Central Banking Law by : Christos V. Gortsos
Download or read book European Central Banking Law written by Christos V. Gortsos and published by Palgrave Macmillan. This book was released on 2020-02-15 with total page 0 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 Regulating and Supervising European Financial Markets by : Mads Andenas
Download or read book Regulating and Supervising European Financial Markets written by Mads Andenas and published by Springer. This book was released on 2016-08-16 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Institutional Challenges in the European Union by : Madeleine O. Hosli
Download or read book Institutional Challenges in the European Union written by Madeleine O. Hosli and published by Routledge. This book was released on 2012-10-12 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union (EU) is a continuously evolving entity. Starting with six member states in the late 1950s, the EU currently encompasses fifteen states of Western Europe. It is expected to almost double in size in the near future, however, taking in a number of states located in Central and Eastern Europe, in addition to Cyprus and Malta. This dramatic increase has lead to an intensive debate on how the institutions of the EU should be adapted in order to cope with this growth. This book addresses the challenges that EU enlargement and institutional change imply for various policy fields, such as EU trade policy, agriculture and monetary policy in the framework of European economic and monetary union. It will be of interest to economists and political scientists seeking an up-to-date overview of institutional challenges facing the European Union
