Retail Depositor and Retail Investor Protection under EU Law offers an original perspective on EU financial law in the area of retail investor protection, examining the status of protection awarded by EU law to retail depositors and retail investors in the event of financial institution failure. The analysis of relevant EU law is on the basis of effectiveness and has been elaborated in two levels of comparison. The first comparative approach examines relevant EU law both externally and internally: externally, vis-à-vis relevant international initiatives and developments in the area of financial law, as the latter affect the features and evolution of EU law, and internally by examining relevant instruments of EU law with regard to each other as to their normative structure and content. The second comparative approach also examines the status of retail depositors in relation to that of retail investors under EU law, in the event of financial institution failure, and the relevant legal consequences thereof.
Table of Contents
1. INTRODUCTION PART ONE: THE DOUBLE AIM OF PROTECTING FINANCIAL CONSUMERS AND THE STABILITY OF THE MARKETS IN THE CONTEXT OF FINANCIAL INSTITUTION FAILURE 2. INTERNATIONAL INITIATIVES ON FINANCIAL LAW AND FINANCIAL CONSUMER PROTECTION PRIOR TO THE CRISIS: FROM ECONOMIC EXTERNALITIES TO LEGAL RULES 3. INTERNATIONAL INITIATIVES ON FINANCIAL LAW AFTER THE CRISIS: RECONSIDERING SYSTEMIC RISK AND THE PROTECTION OF FINANCIAL CONSUMERS 4. DEVELOPMENT AND OBJECTIVES OF EU FINANCIAL LAW ON FINANCIAL CONSUMER PROTECTION PRIOR TO THE CRISIS: FOCUSING ON THE CREATION OF A SINGLE MARKET 5. EFFECT OF THE CRISIS ON EU FINANCIAL ARCHITECTURE: CENTRALISATION AND CONCENTRATION OF POWERS AT THE EU LEVEL PART TWO: DELINEATING FINANCIAL CONSUMER PROTECTION UNDER EU LAW IN THE EVENT OF FINANCIAL INSTITUTION FAILURE 6. EU LAW ON FINANCIAL CONSUMER MINIMUM PROTECTION IN THE EVENT OF FINANCIAL INSTITUTION FAILURE PRIOR TO THE CRISIS: DEPOSITORS AS SAVERS 7. THE NEW AND PROPOSED EU LAW ON FINANCIAL CONSUMER PROTECTION IN THE EVENT OF FINANCIAL INSTITUTION FAILURE AFTER THE CRISIS: DEPOSITORS AS INVESTORS? 8. THE NEW EU LAW ON THE RECOVERY AND RESOLUTION OF FINANCIAL INSTITUTIONS 9. AN EU RIGHT OF FINANCIAL CONSUMER PROTECTION? 10. CONCLUSIONS
Constantinos Tokatlides is an Attorney at Law based in Athens, Greece. He is also Lecturer in Commercial Law, University of London International LL.B. programme.