Post-Crisis Banking Regulation in the European Union

Opportunities and Threats

Author: Katarzyna Sum

Publisher: Springer

ISBN: 3319413783

Category: Business & Economics

Page: 260

View: 6952

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This book offers holistic, economic analysis of the on-going regulatory reform in the European banking industry. The author addresses the main opportunities and pitfalls related to post-crisis financial regulation, and investigates whether the proposed solutions provide an appropriate response to the problems within the EU’s ailing banking sector. The author gives particular focus to the implementation of Basel III, the introduction of the Banking Union, the inclusion of bank governance elements into regulatory frameworks, and the country-specific aspects of regulation at a national level. The discussion builds upon existing literature in the field and takes a novel approach in its examination of banking regulations, their endogeneity and their interactions with bank governance. The book also analyses banking regulation in the EU within theoretical frameworks, as well as by means of empirical exercises. Insights into the theory and practical aspects of banking regulation make this book a valuable read for academics, researchers, students and practitioners alike.

Governing Financial Services in the European Union

Banking, Securities and Post-Trading

Author: Lucia Quaglia

Publisher: Routledge

ISBN: 1136998160

Category: Political Science

Page: 210

View: 583

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The global financial crisis that reached its peak in late 2008 has brought the importance of financial services regulation and supervision into the spotlight. This book examines the governance of financial services in the EU, asking who governs financial services in the EU, how and why, and explaining where the power lies in the policy-making process. It covers the main financial services: banking, securities, payments systems, clearing and settlement. Addressing the politics and public policy aspects of financial market integration, regulation and supervision in the European Union, this book conducts a theoretically-informed and empirically-grounded analysis of financial services governance from the establishment of Economic and Monetary Union (1999) and the launch of the Financial Services Action Plan (1999), to date. It also assesses the EU responses to the global financial crisis. Providing a reliable and unique insight into the politics of financial services regulation in the EU based on an extensive programme of interviews with policy makers and stakeholders across Europe, the book will be of great topical interest to students and scholars of European Union studies, political science and political economy.

Financial Regulation in the EU

From Resilience to Growth

Author: Raphaël Douady,Clément Goulet,Pierre-Charles Pradier

Publisher: Springer

ISBN: 3319442872

Category: Business & Economics

Page: 486

View: 1863

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Financial regulation has dramatically evolved and strengthened since the crisis on both sides of the Atlantic, with enhanced international coordination through the G-20 and the Financial Stability Board and, at the regional level, a definite contribution from the European Union. However the new regulatory environment has its critics, with many divergent voices arguing that over-regulation has become a root cause of our current economic stagnation. This book provides a bigger picture view of the impact and future of financial regulation in the EU, exploring the relationship between microeconomic incentives and macroeconomic growth, regulation and financial integration, and the changes required in economic policy to further European integration. Bringing together contributions from law, economics and management science, it offers readers an accessible but rigorous understanding of the current state of play of the regulatory environment, and on the future challenges. Coverage will include: • A review of the recent regulatory changes from a legal and economic perspective • Analysis of how the economic model of financial institutions and entities is impacted by the new frameworks • How to improve securitization and new instruments under MIFID II • Issues in the enhanced supervision under delegated acts for AIFMD, CRR-CRD IV and Solvency II • How long term funding can be supplied in lieu of the non-conventional monetary policies • A new architecture for a safer and more efficient European financial system Financial Regulation in the EU provides much needed clarity on the impact of new financial regulation and the future of the economy, and will prove a must have reference for all those working in, researching and affected by these changes.

Financial Regulation in the European Union

Author: Rainer Kattel,Jan Kregel,Mario Tonveronachi

Publisher: Routledge

ISBN: 1317428838

Category: Business & Economics

Page: 332

View: 2127

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This collection offers a comparative overview of how financial regulations have evolved in various European countries since the introduction of the single European market in 1986. It includes a number of country studies which provides a narrative of the domestic financial regulatory structure at the beginning of the period, as well the means by which the EU Directives have been introduced into domestic legislation and the impact on the financial structure of the economy. In particular, studies highlight how the discretion allowed by the Directives has been used to meet the then existing domestic conditions and financial structure as well as how they have modified that structure. Countries covered are France, Germany, Italy, Spain, Estonia, Hungary and Slovenia. The book also contains an overview of regulatory changes in the UK and Nordic countries, and in post-crisis USA. This comparative approach raises questions about whether past and more recent regulatory changes have in fact contributed to increase financial stability in the EU. The comparative analysis provided in this book raises questions on whether the past and more recent changes are contributing to increase the financial stability and efficiency of individual banks and national financial systems. The crisis has demonstrated the drawbacks of formulating the regulatory framework on standards borrowed from the best industry practices from the large developed countries, originally designed exclusively for large global banks, but now applied to all financial institutions.

The European Union and Global Financial Regulation

Author: Lucia Quaglia

Publisher: Oxford University Press, USA

ISBN: 0199688249

Category: Law

Page: 210

View: 3787

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The European Union and Global Financial Regulation examines the influence of the European Union (EU) in regulating global finance over time. It covers in a comprehensive and systematic way all the main financial services, namely banking, securities markets, insurance, accounting and auditing standards. It explains the evolution of EU financial regulation, its 'internal' dynamics as well as the regulatory response of the EU to the global financial crisis.The book also discusses the 'external' dynamics of EU financial regulation, in particular the interaction of the EU in international regulatory fora and vis-à-vis its main counterpart, namely the US.

MiFID II

Recht, Praxis, Perspektiven

Author: Doris Wohlschlägl-Aschberger

Publisher: Frankfurt School Verlag

ISBN: 3956471245

Category: Law

Page: 498

View: 8003

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Die europäischen Regelungen der MiFID II sowie der MiFIR und der EMIR stellen die Finanzindustrie vor große Herausforderungen. Mit diesen neuen Normen sollen die Transparenz in den Märkten sowie die Effizienz und Integrität der Finanzmärkte erhöht und neue, auch technische Entwicklungen, erfasst werden. Dies wirkt sich grundlegend auf die Produktgestaltung und den Vertrieb der Institute im Besonderen sowie auf die Marktstruktur im Allgemeinen aus. Damit ergeben sich auch Folgen für die geschäftspolitische Positionierung der einzelnen Marktteilnehmer. Das Buch beschreibt die rechtlichen Grundlagen der MiFID II sowohl auf europäischer als auch auf nationaler Ebene. Darauf aufbauend werden die Auswirkungen der Richtlinie auf den Wertpapierhandel und auf Handelsplätze sowie auf die Anlageberatung und für den Anlegerschutz aus Sicht der Institute thematisiert. Zudem werden die Folgen der MiFID II im Zusammenhang mit der Product Governance auf die Kunden- und Produktstruktur analysiert sowie die Wertpapier-Compliance für die Marktteilnehmer beschrieben. Die Autoren stammen aus Finanzinstituten, aus Rechtsanwaltskanzleien sowie der Aufsicht. Sie beschreiben sowohl den Stand der Umsetzung als auch weiterführende Perspektiven für die praktische Implementierung der MiFID II. Das Buch bietet damit einen lösungsorientierten Ein- und Überblick über zentrale Themen sowie einen Ausblick auf die weitere Entwicklung.

Internet Banking and the Law in Europe

Regulation, Financial Integration and Electronic Commerce

Author: Apostolos Ath. Gkoutzinis

Publisher: Cambridge University Press

ISBN: 1139458671

Category: Law

Page: N.A

View: 8500

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The European Union has long sought to create a single financial area across Europe where consumers in one country benefit from financial markets and activities in other countries. With the emergence of the Internet as a platform for the provision of online banking services, the creation of a pan-European market for banking services appeared a realistic proposition. In practice, however, this has not happened. This book asks why and argues that the creation of banking markets via the Internet relies on both available technologies and appropriate laws and regulations. The institutional and legal framework for online banking services in the single European market are examined, as is the level of legal harmonization achieved in the UK, France and Germany under the influence of the EU Directives pertaining to online banking activities.

European Financial Regulation and Supervision and the Onslaught of the Financial Crisis

Author: Veronica Hagenfeldt

Publisher: GRIN Verlag

ISBN: 3640882490

Category:

Page: 60

View: 4099

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Scholarly Essay from the year 2009 in the subject Law - European and International Law, Intellectual Properties, grade: Distinction, University of Edinburgh (School of Law), course: Regulatory governance in the European Union, language: English, comment: How has the financial regulatory and supervisory architecture evolved in Europe, and how did its shortcomings affect the onslaught of the current financial crisis? Are the proposed regulatory and supervisory reforms likely to successfully repair these weaknesses?, abstract: The aim of this paper is threefold: first to establish how the regulatory and supervisory architecture has evolved in Europe over the last decade; second to determine how the shortcomings of the present system affected the onslaught of the financial crisis in Europe; and lastly to evaluate whether the proposed regulatory and supervisory reforms are likely to successfully repair these weaknesses. Part I identifies that the single market objective, combined with the significant integration of European financial services, provided the major impetus for bringing about reform to the regulatory and supervisory architecture of Europe. By investigating the Financial Services Action Plan (FSAP) and the implementation of the Lamfalussy Process, this paper illustrates that the member states and the EU institutions sought to achieve a flexible regulatory and supervisory structure marked by cooperation and conversion towards common standards. However, despite the commendable progress made, Part II shows that the regulatory and supervisory system has not kept pace with the financial integration, and that the current crisis revealed substantial inadequacies of the present system. This paper will demonstrate that the weaknesses in the European financial regulatory and supervisory architecture acted both as contributing causes of the crisis, and as exacerbating factors. In particular the essay identifies three such shortcomings that aggravated the crisis, namel

Financial Regulation and Supervision: A post-crisis analysis

Author: Eddy Wymeersch,Klaus J. Hopt,Guido Ferrarini

Publisher: OUP Oxford

ISBN: 0191636657

Category: Law

Page: 528

View: 4492

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This comprehensive account of financial regulation and supervision in times of crisis analyses the complex changes under way regarding the new financial regulatory structures in the EU. Focusing on the organisation of financial supervision, it deals with the background to the reforms, the architecture of the regulatory system, the likely implications for the financial institutions and the challenge of international co-operation. Changes in the US have been heavily criticised and in Europe a brand new regulatory system with three new regulatory agencies and a systemic risk board has been developed. National systems are in the process of being updated. International cooperation, although still difficult, has made progress, with the Financial Stability Board now acting on behalf of the G.20. Central bank cooperation has improved significantly and in the meantime, sectoral regulations are being adapted in full speed, such as Basel III, AIDMD, MiFID and many others. This book gives an overall view of these complex changes. The first section of the book provides an assessment of the reforms and considers the background to their making. In the section on regulatory structure there is analysis of the new regulatory bodies, their complex competences and actions. The book also takes a critical look at their likely effectiveness. The final section of the work considers the actual implementation of the new rules in a cross-border context.

EU Securities and Financial Markets Regulation

Author: Niamh Moloney

Publisher: Oxford University Press, USA

ISBN: 019966434X

Category: Law

Page: 1044

View: 1968

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The first comprehensive, authoritative account of the massive new regulatory and supervisory regime which now applies to the EU financial market following the radical and far-reaching regulatory, supervisory, and institutional reforms which have followed since the Global Financial Crisis. By examining the market, political, international, constitutional, and institutional context for the new regime, it provides the reader with a deep understanding not only of therules, but of how and why they were adopted and how they are likely to develop. It examines in-depth the massive array of new rules which have been adopted since 2008 and the related institutionalreforms, including the establishment of the European Securities and Markets Authority.

Europe’s Place in Global Financial Governance after the Crisis

Author: Daniel Mügge

Publisher: Routledge

ISBN: 1317621794

Category: Political Science

Page: 128

View: 6590

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In the years leading up the global financial crisis, the European Union (EU) had emerged as a central actor in global financial governance, almost rivalling the United States in influence. While the USA and the EU continue to dominate financial rule setting in the post-crisis world, the context in which they do so has changed dramatically. Pre-crisis ideas about laissez-faire regulation have been discarded in favour of more interventionist ones. The G20 and the Financial Stability Board have been charged with stronger coordination of global efforts. At the same time, jurisdictions have re-emphasized the need "to get their own regulatory house in order" before committing to further global harmonization. And through banks failures and massive bail-outs, the financial sector – hitherto a driving force behind the cross-border integration of finance – has been reconfigured. This book asks a straightforward question: what have these and other key post-crisis trends in global finance done to the position that the European Union occupies in it? The contributions to this book analyse the link between financial governance in the European Union and on the global level from diverse theoretical angles, and they cover the main issues that will shape the future European role on the global regulatory stage. This book was published as a special issue of the Journal of European Public Policy.

Financial Regulation at the Crossroads

Implications for Supervision, Institutional Design and Trade

Author: Panagiotis Delimatsis,Nils Herger

Publisher: Kluwer Law International B.V.

ISBN: 9041133550

Category: Business & Economics

Page: 387

View: 1743

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This book brings outstanding expertise and provides insightful perspectives from nineteen authors with diverse backgrounds, including officials from international organizations, national regulators, and commercial banking, as well as academics in law, economics, political economy, and finance. The authors not only shed light on the causes of the financial turmoil, but also present thoughtful proposals that contribute to the future policy debate, and discuss opportunities that financial services can offer in funding activities which raise standards of living through initiatives in microfinance, renewable energy, and food distribution. The contributions to this volume tackle several of the thorniest issues of financial regulation in a post-crisis environment, such as: the mechanics of contagion within the financial system and the role of liquidity; moral hazard when large financial institutions are no longer subject to the disciplinary effects of bankruptcy; bank capital requirements; management compensation; design of bank resolution schemes; a function-centric versus institution-centric regulatory approach; subsidization and compatibility of stimulus packages with EU rules on state aid; trade finance and the role of the GATS prudential carve-out; and the role of financial services in promoting human rights or combating climate change.

BilMoG (Bilanzrechtsmodernisierungsgesetz)

Internationalisierung des HGB und Auswirkungen auf das Controlling

Author: Rolf Uwe Fülbier,Patrick Kuschel,Friederike Maier

Publisher: John Wiley & Sons

ISBN: 3527504818

Category:

Page: 75

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Das Bilanzrechtsmodernisierungsgesetz (BilMoG) durchläuft dieser Tage den parlamentarischen Prozess. Obwohl einige Elemente wie z.B. die Aktivierung selbst geschaffener immaterieller Vermögensgegenstände oder die Fair Value Bewertung bestimmter Wertpapiere noch kontrovers diskutiert werden, dürfte die wohl größte Bilanzrechtsreform der letzten Jahrzehnte vor der Tür stehen. Die Anpassung des HGB an die IFRS ist dabei erklärtes Ziel des Gesetzesvorhabens, auch - so die Logik - um eine einfachere Alternative zu den in Deutschland vom Mittelstand nachhaltig abgelehnten IFRS (insbesondere auch den IFRS für Private Entities) zu entwickeln. Rolf Uwe Fülbier, Patrick Kuschel und Friederike Maier geben einen Überblick über die wesentlichen Reformelemente, diskutieren offene Fragen und praktische Schwierigkeiten dieses Gesetzes und zeigen die Herausforderungen für das Controlling auf.

The EU's Role in Global Governance

The Legal Dimension

Author: Bart Van Vooren,Steven Blockmans,Jan Wouters

Publisher: OUP Oxford

ISBN: 0191634735

Category: Law

Page: 384

View: 7725

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For years the European Union has been looked on as a potential model for cosmopolitan governance, and enjoyed considerable influence on the global stage. The EU has a uniquely strong and legally binding mission statement to pursue international relations on a multilateral basis, founded on the progressive development of international law. The political vision was for the EU to export its values of the rule of law and sophisticated governance mechanisms to the international sphere. Globalization and the financial crisis have starkly illustrated the limits of this vision, and the EU's dependence on global forces partially beyond the control of traditional provinces of law. This book takes stock of the EU's role in global governance. It asks: to what extent can and does the EU shape and influence the on-going re-ordering of legal processes, principles, and institutions of global governance, in line with its optimistic mission statement? With this ambitious remit it covers the legal-institutional and substantive aspects of global security, trade, environmental, financial, and social governance. Across these topics 23 contributors have taken the central question of the extent of the EU's influence on global governance, providing a broad view across the key areas as well as a detailed analysis of each. Through comparison and direct engagement with each other, the different chapters provide a distinctive contribution to legal scholarship on global governance, from a European perspective.

HL 103 - The Post-crisis Eu Financial Regulatory Framework: Do The Pieces Fit?

Author: Great Britain. Parliament. House of Lords. European Union Committee

Publisher: The Stationery Office

ISBN: 0108557588

Category: Law

Page: 113

View: 1780

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The Committee criticises the belated recognition of the importance of the growth agenda. It welcomes proposals for an Investment Plan for Europe and for a Capital Markets Union. Yet the responsibility for promoting growth and prosperity lies not only with the Commission but with every Member State.The UK has the largest financial sector in the EU, and the implications of these reforms for this country are therefore immense. Yet the Committee finds that the UK's influence over the EU financial services agenda is diminishing. It calls on the Government and all UK authorities to take urgent steps to correct this. The prosperity of the City of London, and the financial services industry it hosts, is in the interests not only of the UK but of the EU as a whole.

Handbook of Central Banking and Financial Authorities in Europe

New Architectures in the Supervision of Financial Markets

Author: Donato Masciandaro

Publisher: Edward Elgar Publishing

ISBN: 9781781954348

Category: Business & Economics

Page: 566

View: 8220

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Analyzing ongoing changes in the design of regulatory and supervisory authorities over the banking and financial industry in Europe, this comprehensive Handbook pays particular attention to the role of national central banks, the new financial supervisory authorities and the European Central Bank (ECB).

Research Handbook on International Financial Regulation

Author: Kern Alexander,Rahul Dhumale

Publisher: Edward Elgar Publishing

ISBN: 0857930451

Category: Law

Page: 464

View: 8799

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The globalisation of financial markets has attracted much academic and policymaking commentary in recent years, especially with the growing number of banking and financial crises and the current credit crisis that has threatened the stability of the global financial system. This major new Research Handbook sets out to address some of the fundamental issues in financial regulation from a comparative and international perspective and to identify some of the main research themes and approaches that combine economic, legal and institutional analysis of financial markets. Specially commissioned contributions represent diverse viewpoints on the financial regulation debate and cover a number of new and controversial topics not yet adequately addressed in the literature. Specifically, these include; financial innovation particularly in the context of the credit risk transfer market, securitization and the systemic importance of the over-the-counter trading markets; the institutional structure of international financial regulation; and risk management and corporate governance of financial institutions. This Handbook will provide a unique and fully up-to-date resource for all those with an interest in this critical issue including academic researchers in finance and regulation, practitioners working in the industry and those involved with regulation and policy.

Financial Stability, Economic Growth, and the Role of Law

Author: Douglas W. Arner

Publisher: Cambridge University Press

ISBN: 113946454X

Category: Law

Page: N.A

View: 1753

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Financial crises have become an all too common occurrence over the past twenty years, largely as a result of changes in finance brought about by increasing internationalization and integration. As domestic financial systems and economies have become more interlinked, weaknesses can significantly impact not only individual economies but also markets, financial intermediaries, and economies around the world. This volume addresses the twin objectives of financial development in the context of financial stability and the role of law in supporting both. Financial stability (frequently seen as the avoidance of financial crisis) has become an objective of both the international financial architecture and individual economies and central banks. At the same time, financial development is now seen to play an important role in economic growth. In both financial stability and financial development, law and related institutions have a central role.

The Impact of Regulation on Remuneration in Banks. An Analysis of EU, UK and German Law

Author: Maxim Hohmann

Publisher: Anchor Academic Publishing

ISBN: 3960670753

Category: Business & Economics

Page: 60

View: 3161

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The excessive risk-taking at banks might account for the failure of financial undertakings, as well as to systemic problems in the European Union and around the world. The inappropriate design of remuneration systems in many financial institutions is reported to induce such risk-taking. The EU regulators have intervened through legislative measures which have been differently implemented in Member States. Such legislative measures face critics due to the restriction in banks’ freedom of business. However, this book will point out that regulations are necessary and can be justified in order to protect the common good of a sound functioning financial market. Nevertheless, the effectiveness of current legislative provisions is challenged. Therefore, this book will critically analyse the legislation of bankers’ remuneration, focussing on relevant EU, UK and German measures.