ABSTRACT
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.
TABLE OF CONTENTS
chapter |8 pages
Introduction
part |2 pages
PART I European banking at the beginning of the third millennium
chapter |27 pages
Banking and market structures
chapter |25 pages
Insights from regulatory theory
part |2 pages
PART II The normative analysis of prudential issues
chapter |29 pages
An evolutionary perspective on prudential rules
chapter |30 pages
The multiple layers of prudential rules
chapter |28 pages
Substantive aspects of prudential regulation
part |2 pages
PART III Institutional aspects of prudential regulation and supervision
chapter |19 pages
The institutional framework – general aspects
chapter |30 pages
The way forward
part |2 pages
PART IV The European dimension of supervisory liability