Legal Accountability In Eu Markets For Financial Instruments The Dual Role Of Investment Firms

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Legal Accountability in EU Markets for Financial Instruments

Author : Carl Fredrik Bergström
Publisher : Oxford University Press
ISBN 13 : 019284928X
Total Pages : 369 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Legal Accountability in EU Markets for Financial Instruments by : Carl Fredrik Bergström

Download or read book Legal Accountability in EU Markets for Financial Instruments written by Carl Fredrik Bergström and published by Oxford University Press. This book was released on 2022-01-22 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proper functioning of the EU financial market is protected by public actors - both national and supranational - responsible for rulemaking and supervision of investment firms and other private actors. At the same time the effectiveness of the EU legal system requires vigilance from private actors such as investment firms but also their clients, invoking their rights before national authorities and courts. This means that investment firms have a dual role within the system, turning them into subjects of control and enforcement but also agents in the maintenance of the rule of law. Legal Accountability in EU Markets for Financial Instruments brings together a group of scholars with expertise from different legal disciplines but a shared interest for the EU internal market and the way it develops. It integrates a modern study of the form and function of EU rulemaking in the internal market after the financial crisis. The book includes an evaluation of core aspects of rulemaking in the financial market and that way provides a cross-cutting treatment of EU law. The focus of the book is set on the regulatory framework in MiFIDII and MiFIR and thematic questions around legal mechanisms for accountability and the role of investment firms in the operation of those mechanisms. It further discusses the implications for EU law and the EU legal system and gives readers a thorough understanding of the concept of accountability through its own findings.

Digitalisation, Sustainability, and the Banking and Capital Markets Union

Author : Lukas Böffel
Publisher : Springer Nature
ISBN 13 : 3031170776
Total Pages : 439 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Digitalisation, Sustainability, and the Banking and Capital Markets Union by : Lukas Böffel

Download or read book Digitalisation, Sustainability, and the Banking and Capital Markets Union written by Lukas Böffel and published by Springer Nature. This book was released on 2022-12-30 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers three topics that have dominated financial market regulation and supervision debates: digital finance, sustainable finance, and the Banking and Capital Markets Union. Within the first part, seven chapters will tackle specific questions arising in digital finance, including but not limited to artificial intelligence, tokenisation, and international regulatory cooperation in digital financial services. The second part addresses one of humanity’s most pressing issues today: the climate crisis. The quest for sustainable finance is driven by political actors and a common understanding that climate change is a severe threat. As financial institutions are a cornerstone of human interaction, they are in the regulatory spotlight. The chapters explore sustainability in EU banking and insurance regulation, the interrelationship between systemic risk and sustainability, and the ‘greening’ of EU monetary policy. The third part analyses two projects that have led to huge structural changes in the European financial market architecture over the last decade: the European Banking Union and Capital Markets Union. This transformation has raised numerous legal questions that can only gradually be answered in all their intricacies. In four chapters, this book examines composite procedures, property rights of depositors in banking resolution, preemptive financing arrangements and the phenomenon of subsidiarisation in the context of Brexit. Of interest to academics, policymakers, practitioners, and students in the field of EU financial regulation, banking law, securities law, and regulatory law, this book offers a compilation of analyses on pressing banking and capital markets law problems.

Routes to a Resilient European Union

Author : Antonina Bakardjieva Engelbrekt
Publisher : Springer Nature
ISBN 13 : 303093165X
Total Pages : 267 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Routes to a Resilient European Union by : Antonina Bakardjieva Engelbrekt

Download or read book Routes to a Resilient European Union written by Antonina Bakardjieva Engelbrekt and published by Springer Nature. This book was released on 2022-04-25 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth volume of the Interdisciplinary European Studies series aims to explore the EU’s pursuit of societal resilience and its role in the transition to a green economy. It brings together scholars from economics, law, and political science to provide insights related to climate change and the protection of the environment, the role of innovation in the green economy, resilience of national public health systems after the COVID-19 pandemic, regulatory resilience in the face of financial instability, and immigration. All chapters are based on up-to-date research, succinct assessment of the current state of affairs, and ongoing debates. They conclude with policy recommendations for decision-makers on European and national levels. Legal Preconditions for an Environmentally Sustainable European Union” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Boards of Appeal of EU Agencies

Author : Merijn Chamon
Publisher : Oxford University Press
ISBN 13 : 0192665979
Total Pages : 369 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Boards of Appeal of EU Agencies by : Merijn Chamon

Download or read book Boards of Appeal of EU Agencies written by Merijn Chamon and published by Oxford University Press. This book was released on 2022-03-10 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the EU agencies that have been granted the power to adopt binding decisions are a diverse group, they at least share one feature: in all of them an organisationally separate administrative review body, i.e. a board of appeal, has been established. The review procedures before these boards must be exhausted before private parties can seize the EU courts and the boards therefore all fulfil a similar function: filtering cases before they end up before the courts and providing parties by expert-driven review. Sharing this common function as well as some common features, the boards of appeal of the different agencies remain heterogenous in their set up and functioning. This raises a host of questions from both a theoretic and practical perspective which this volume analyses in depth: how do the boards function, which kind of review do they offer, and how should they be conceptualized in the EU's overall system of legal protection against administrative action? To answer these questions, the volume's first part presents a series of case studies, covering all the EU boards of appeal currently in existence, while a second part looks into the horizontal issues raised by the phenomenon of the boards of appeal.

The European Parliament and Delegated Legislation

Author : Merijn Chamon
Publisher : Bloomsbury Publishing
ISBN 13 : 1509931864
Total Pages : 233 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The European Parliament and Delegated Legislation by : Merijn Chamon

Download or read book The European Parliament and Delegated Legislation written by Merijn Chamon and published by Bloomsbury Publishing. This book was released on 2022-11-03 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book revisits the Treaty of Lisbon's promise to further parliamentarize the EU's functioning by looking into the Treaty-law framework governing the delegation of legislative power in the EU. In this field, the Lisbon Treaty formally greatly strengthened the position of the European Parliament vis-à-vis both the European Commission and the Council. The book explores whether Parliament's formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation and executive rule-making. It does so by assessing how both the law and practice of decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining the scrutiny over delegated legislation, has crystallized in the ten years following the entry into force of the Lisbon Treaty. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading.

The Asset Management Review

Author : Paul Dickson (Lawyer)
Publisher :
ISBN 13 : 9781804491065
Total Pages : 0 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis The Asset Management Review by : Paul Dickson (Lawyer)

Download or read book The Asset Management Review written by Paul Dickson (Lawyer) and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulation of the EU Financial Markets

Author : Danny Busch
Publisher : Oxford Eu Financial Regulation
ISBN 13 : 9780198767671
Total Pages : 0 pages
Book Rating : 4.7/5 (676 download)

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Book Synopsis Regulation of the EU Financial Markets by : Danny Busch

Download or read book Regulation of the EU Financial Markets written by Danny Busch and published by Oxford Eu Financial Regulation. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: PART I: GENERAL ASPECTS 1: Introduction, Danny Busch and Guido Ferrarini PART II: INVESTMENT FIRMS AND INVESTMENT SERVICES 2: The Scope of MiFID II, Kitty Lieverse 3: Governance of Investment Firms under MiFID II, Jens-Hinrich Binder 4: The Overarching Duty to Act in the Best Interest of the Client in MiFID II, Luca Enriques and Matteo Gargantini 5: Product Governance and Product Intervention, Danny Busch 6: Independent Financial Advice, Paolo Giudici 7: Conflicts of Interest, Stefan Grundmann and Philipp Hacker 8: Inducements, Larissa Silverentand, Jasha Sprecher, and Lisette Simons 9: Agency and Principal Dealing Under MiFID, Danny Busch 10: MiFID II/MiFIR's Regime for Third-Country Firms, Danny Busch & Marije Louisse PART III: TRADING 11: TGovernance and Organization of Trading Venues: The Role of Financial Market Infrastructures Groups, Guido Ferrarini & Paolo Saguato 12: EU Financial Governance and Transparency Regulation: A Test for the Effectiveness of Post-Crisis Administrative Governance, Niamh Moloney 13: SME Growth Markets, Carmine di Noia & Rudiger Veil 14: Dark Trading Under MiFID II, Peter Gomber & Ilya Gvozdevskiy 15: Derivatives: Trading, Clearing, STP, Indirect Clearing, and Portfolio Compression, Rezah Stegeman & Aron Berket 16: Commodity Derivatives, Antonella Sciarrone Alibrandi & Edoardo Grossule 17: Algorithmic Trading and High Frequency Trading, Pierre-Henri Conac 18: An American perspective, Merritt Fox PART IV: SUPERVISION AND ENFORCEMENT 19: Public Enforcement of MiFID II, Christos Gortsos 20: The Private Law Effect of MiFID: the Genil Case and Beyond, Danny Busch PART V: THE BROADER VIEW AND THE FUTURE OF MIFID 21: MiFID II: Picking up the Crumbs of a Piecemeal Approach, Veerle Colaert 22: Shadow Banking and the Functioning of Financial Markets, Eddy Wymeersch 23: Investment-based Crowdfunding: Is MiFID II enough?, Guido Ferrarini & Eugenia Macchiavello.

EU Law of Economic & Monetary Union

Author : Fabian Amtenbrink
Publisher : Oxford University Press
ISBN 13 : 0192512498
Total Pages : 1808 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis EU Law of Economic & Monetary Union by : Fabian Amtenbrink

Download or read book EU Law of Economic & Monetary Union written by Fabian Amtenbrink and published by Oxford University Press. This book was released on 2020-05-21 with total page 1808 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European Financial Markets and Institutions

Author : Jakob de Haan
Publisher : Cambridge University Press
ISBN 13 : 0521882990
Total Pages : 439 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis European Financial Markets and Institutions by : Jakob de Haan

Download or read book European Financial Markets and Institutions written by Jakob de Haan and published by Cambridge University Press. This book was released on 2009-01-15 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written for undergraduate and graduate students, this textbook provides a fresh analysis of the European financial system.

EU Capital Market Law

Author : Rüdiger Litten
Publisher : Edward Elgar Publishing
ISBN 13 : 1035320835
Total Pages : 355 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis EU Capital Market Law by : Rüdiger Litten

Download or read book EU Capital Market Law written by Rüdiger Litten and published by Edward Elgar Publishing. This book was released on 2024-11-08 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives systematic insight into the principles underlying EU capital market law which has developed from a narrowly defined matter for legal specialists to a core component of modern business law. It analyses key EU capital market legislation such as MiFID, IFD, MAR, ProspR, EMIR, UCITSD and AIFMD and examines their interrelationships, always aiming to foster a practical understanding of the law.

OECD Sovereign Borrowing Outlook 2021

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264852395
Total Pages : 94 pages
Book Rating : 4.2/5 (648 download)

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Book Synopsis OECD Sovereign Borrowing Outlook 2021 by : OECD

Download or read book OECD Sovereign Borrowing Outlook 2021 written by OECD and published by OECD Publishing. This book was released on 2021-05-20 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition of the OECD Sovereign Borrowing Outlook reviews developments in response to the COVID-19 pandemic for government borrowing needs, funding conditions and funding strategies in the OECD area.

Securities market regulation in the EU

Author : Karel Lannoo
Publisher : CEPS
ISBN 13 : 9290794763
Total Pages : 35 pages
Book Rating : 4.2/5 (97 download)

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Book Synopsis Securities market regulation in the EU by : Karel Lannoo

Download or read book Securities market regulation in the EU written by Karel Lannoo and published by CEPS. This book was released on 2004 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Alternative Investment Fund Managers Directive

Author : Dirk A. Zetzsche
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041149953
Total Pages : 907 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Alternative Investment Fund Managers Directive by : Dirk A. Zetzsche

Download or read book The Alternative Investment Fund Managers Directive written by Dirk A. Zetzsche and published by Kluwer Law International B.V.. This book was released on 2015-09-14 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: Apart from MiFID, the Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early twenty-first century. In this in-depth analytical and critical discussion of the content and system of the directive, thirty-eight contributing authors – academics, lawyers, consultants, fund supervisors, and fund industry experts – examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, the requirements for depositaries and prime brokers, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: – connection with systemic risk and the financial crisis; - nexus with insurance for negligent conduct; - connection with corporate governance doctrine; - risk management; - transparency; - the cross-border dimension; - liability for lost assets; - impact on alternative investment strategies, and - the nexus with the European Regulation on Long-Term Investment Funds (ELTIFR). Nine country reports, representing most of Europe’s financial centres and fund markets add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Austria, France, Germany, Italy, Luxembourg, Liechtenstein, The Netherlands, Malta and the United Kingdom. The second edition of the book continues to deliver not only the much-needed discussion of the inconsistencies and difficulties when applying the directive, but also provides guidance and potential solutions to the problems it raises. The second edition considers all new developments in the field of alternative investment funds, their managers, depositaries, and prime brokers, including, but not limited to, statements by the European Securities and Markets Authority (ESMA) and national competent authorities on the interpretation of the AIFMD, as well as new European regulation, in particular the PRIIPS Regulation, the ELTIF Regulation, the Regulation on European Venture Capital Funds (EuVeCaR), the Regulation on European Social Entrepreneurship Funds (EUSEFR), MiFID II, and UCITS V. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, administrators, as well as regulators and academics in the field.

Deciphering the European Investment Bank

Author : Lucia Coppolaro
Publisher : Taylor & Francis
ISBN 13 : 1000596370
Total Pages : 322 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Deciphering the European Investment Bank by : Lucia Coppolaro

Download or read book Deciphering the European Investment Bank written by Lucia Coppolaro and published by Taylor & Francis. This book was released on 2022-06-07 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deciphering the European Investment Bank: History, Politics and Economics examines the European Investment Bank (EIB), the European Union’s financial institution and the largest lender and borrower among the International Financial Institutions. Since its establishment in 1958, the EIB has developed without becoming front-page news and has remained highly invisible. By putting together 14 chapters that analyze topical and meaningful moments and aspects of the bank, this edited book offers the first comprehensive analysis of its origins and its evolution in terms of its mandate, governance, structures, policy activity, and performance. Written by acknowledged experts from various disciplines, the chapters weave together history, economics, law, and political science to provide a multidisciplinary examination and capture the complexity of the EIB. The book is a timely initiative for understanding the EIB, whose role has been ever increasing for contributing to the recent global economic challenges, including the economic and financial crisis, climate change, and COVID-19 pandemic. The chapters are written at a level which will be comprehensible to undergraduates in economics, history, and international political economy. It will also be a valuable source of reference for academics, policy makers, bankers, and other practitioners interested in regional development banks and their role in the global economy.

Legal Aspects of the European System of Central Banks

Author : Liber Amicorum
Publisher :
ISBN 13 : 9789291817016
Total Pages : 414 pages
Book Rating : 4.8/5 (17 download)

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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.

European Capital Markets Law

Author : Rüdiger Veil
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942130
Total Pages : 787 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis European Capital Markets Law by : Rüdiger Veil

Download or read book European Capital Markets Law written by Rüdiger Veil and published by Bloomsbury Publishing. This book was released on 2022-03-24 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The richness, clarity and nuances of the structure and methodology followed by the contributors make the book a very valuable tool for students... seeking to obtain a general understanding of the market and how it is regulated.” – Ligia Catherine Arias Barrera, Banking & Finance Law Review The fully updated edition of this user-friendly textbook continues to systematise the European law governing capital markets and examines the underlying concepts from a broadly interdisciplinary perspective. The 3rd edition deals with 3 central developments: the project of the capital markets union; sustainable finance; and the further digitalisation of financial instruments and securities markets. The 1st chapter deals with the foundations of capital markets law in Europe, the 2nd explains the basics, and the 3rd examines the regime on market abuse. Chapter 4 explores the disclosure system and chapter 5 short-selling and high-frequency trading. The role of intermediaries, such as financial analysts, rating agencies, and proxy advisers, is described in chapter 6. Chapter 7 explains compliance and corporate governance in investment firms and chapter 8 illustrates the regulation of benchmarks. Finally, chapter 9 deals with public takeovers. Throughout the book emphasis is placed on legal practice, and frequent reference is made to the key decisions of supervisory authorities and courts. This is essential reading for students involved in the study of capital markets law and financial law.

Keeping Pace with Change: Fintech and the Evolution of Commercial Law

Author : International Monetary Fund
Publisher : International Monetary Fund
ISBN 13 : 1616358750
Total Pages : 31 pages
Book Rating : 4.6/5 (163 download)

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Book Synopsis Keeping Pace with Change: Fintech and the Evolution of Commercial Law by : International Monetary Fund

Download or read book Keeping Pace with Change: Fintech and the Evolution of Commercial Law written by International Monetary Fund and published by International Monetary Fund. This book was released on 2022-01-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.