The financial market events in 2007-2009 have spurred renewed interest and controversy in debates regarding financial regulation and supervision. This book takes stock of the developments in EU legislation, case law and institutional structures with regards to banking regulation and supervision, which preceded and followed the recent financial crisis. It does not merely provide an update, but anchors these developments into the broader EU law context, challenging past paradigms and anticipating possible developments. The author provides a systematic analysis of the interactions between the content of prudential rules and the mechanisms behind their production and application
European Prudential Banking Regulation and Supervision includes discussions of the European banking market structure and of regulatory theory that both aim to circumscribe prudential concerns. It scrutinises the content of prudential norms, proposes a qualification of these norms and an assessment of their interaction with other types of norms (corporate, auditing and accounting, consumer protection, competition rules). It also features an analysis of the underpinning institutional set-up and its envisaged reforms, focusing on the typical EU concerns related to checks and balances. Finally, the book attempts to revive the debate on supervisory liability, in light of the developments discussed.
This book will be of great value to all those interested in financial stability matters (practitioners, policy-makers, students, academics), as well as to EU law scholars.
Introduction Part 1 : European Banking at the Beginning of the Third Millennium 1. Banking and Market Structures 2. Insights from Regulatory Theory Part 2: The Normative Analysis of Prudential Issues 3. An Evolutionary Perspective on Prudential Rules 4. The Multiple Layers of Prudential Rules 5. Substantive Aspects of Prudential Regulation 6. The Principles Characterising the European Prudential Regulatory Regime Part 3: Institutional Aspects of Prudential Regulation and Supervision 7. The Institutional Framework – General Aspects 8. The European Institutional Framework for Prudential Banking Regulation 9. The European Institutional Framework for Prudential Banking Supervision 10. The Way Forward Part 4: The European Dimension of Supervisory Liability 11. The Issue of Supervisory Liability 12. The Current State of Supervisory Liability under European Law 13. Future European Scenarios for Supervisory Liability Concluding Remarks
This series explores the key developments in financial and banking law, offering critical analyses of legislation and regulatory frameworks at the international regional and domestic levels. Legislation, case law, regulatory structures and institutions are discussed from a variety of theoretical and methodological approaches. The books in this series provide valuable and far-reaching investigations into the challenges of regulating finance and banking in a fast-moving and interconnected global economy.