Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation

ISBN-13: 9781509905089 / Angielski / Miękka / 2015 / 288 str.

Wolf-Georg Ringe;Peter M. Huber

Opis

The global financial and economic crisis which started in 2008 has had devastating effects around the globe. It has caused a rethinking in different areas of law, and posed new challenges to regulators and private actors alike. One of the emerging issues is the apparent eclipse of boundaries between different legal disciplines: financial and corporate lawyers have to learn how public law instruments can complement their traditional governance tools; conversely, public lawyers have had to come to understand the specificities of the financial markets they intend to regulate. While commentary on financial regulation and the global financial crisis abounds, it tends to remain within disciplinary boundaries. This volume not only brings together scholarship from different areas of law (constitutional and administrative law, EU law, financial law and regulation), but also from a variety of backgrounds (academia, practice, policy-making) and a number of different jurisdictions.The volume illustrates how interdisciplinary scholarship belongs at the centre of any discussion of the economic crisis, and indeed regulation theory more generally. This is a timely exploration of cutting-edge issues of financial regulation. '...a very welcome addition to the limited European legal literature on the global financial crisis...it constitutes an important contribution in the field and it is certainly to be applauded for paving the way for further cross-disciplinary discussion amongst lawyers'. Mihalis Dekastros, European Journal of Legal Studies, 2014, Vol 7 '...Ringe and Huber's book provides important, if not indispensable elements for a coherent theory and doctrine of the law within the financial crisis'. Matthias Ruffert, Common Market Law, 2015, Vol 52 (1) ' T]his book is interesting for anyone working in a dynamic area of law. Academics will want to go through it in its entirety...' Dimitrios Kyriazis, Law Quarterly Review, 2015, Vol 131 (Series: Studies of the Oxford Institute of European and Comparative Law) Subject: Law, Banking and Finance, Competition Law, Constitutional and Administrative Law, European Law]

Spis treści

1 Introduction Wolf-Georg Ringe and Peter M Huber Part I The Constitution 2 The Rescue of the Euro and its Constitutionality Peter M Huber 3 Democracy in the Eurozone Pavlos Eleftheriadis 4 Debt Limits in Constitutional Law: The 'Debt Brake' Gregor Kirchhof 5 Debt Limits in German Constitutional Law – A UK Perspective John McEldowney Part II Europe 6 Why the ECB Cannot Save the Euro Paul Yowell 7 A Governance Crisis? Treaty Change, Fiscal Union and the ECB Christoph Ohler 8 State Aid and the Financial Crisis Conor Quigley 9 State Aid for Banks in the Financial Crisis: The Commission's New and Stronger Role Thomas Ackermann Part III Regulation 10 Comparing Apples and Oranges? Public, Private, Tax, and Criminal Law Instruments in Financial Markets Regulation Alexander Hellgardt 11 Regulatory Choice: Observations on the Recent Experience With Corrective Taxes in the Financial Sector John Vella 12 Banking Special Resolution Regimes as a Governance Tool Gustaf Sjöberg 13 Special Resolution Regimes for Banking Institutions: Objectives and Limitations Christos Hadjiemmanuil Part IV The Limits of Legal Regulation 14 The Limits of Legal Regulation – Will the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union Have a Real Legal Effect? Rudolf Streinz 15 The European Public Debt Crisis and the Institutional Framework of the Monetary Union: Experience and Adjustments Franz-Christoph Zeitler