European Prudential Banking Regulation and Supervision: The Legal Dimension

ISBN-13: 9780415496568 / Angielski / Twarda / 2010 / 422 str.

Larisa Dragomir

Opis

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.

This book will take stock of new developments in legislation, case-law and institutions affecting prudential banking regulation and supervision. These reflect not merely updates, but, from an EU law perspective, represent a new approach, the impact of which will largely differ from the one of the previous regulatory regime.

The book includes discussion of the banking market structure in Europe, of the theory behind regulation, the evolution of supervisory rules, qualification of these norms and an assessment of their interaction with other norms (corporate, auditing and accounting, consumer protection. The book also features an up to date analysis of the difficulties facing banking regulation during the current financial crises, including the issue of competition law in the banking sector, which has recently become a ‘hot’ topic again in the banking sector after the nationalisation of Northern Rock by the UK government, and the takeover of HBOS by Lloyds TSB.

Spis treści

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

O autorze

Larisa Dragomir completed her PhD at the EUI and Master of Arts at the College of Europe. She is an expert in EU banking law and supervisory issues. She has worked with the European Savings Banks Group (Brussels) and the European Central Bank (Frankfurt).