scholarly journals Does the Emperor Have Financial Crisis Clothes? Reflections on the Legal Basis of the European Banking Authority

2011 ◽  
Vol 74 (4) ◽  
pp. 581-595 ◽  
Author(s):  
Elaine Fahey
Keyword(s):  
Financial Crisis ◽  
Legal Basis ◽  
European Banking Authority ◽  
European Banking

scholarly journals Multilevel regulatory governance: Establishing bank-regulator relationships at the European Banking Authority

2019 ◽  
Vol 22 (1) ◽  
pp. 113-134 ◽  
Author(s):  
David Coen ◽  
John-Paul Salter
Keyword(s):  
Financial Crisis ◽  
European Central Bank ◽  
Regulatory Regime ◽  
Multilevel System ◽  
Regulatory Governance ◽  
European Central ◽  
European Banking Authority ◽  
European Banking ◽  
New System ◽  
The Eu

AbstractFollowing the 2007–9 financial crisis, the EU strengthened its institutional apparatus for bank regulation, creating a trio of sectoral bodies, including the European Banking Authority (EBA). Various aspects of this new system have been studied, but to date, little is known about how banks engage with their new supranational regulator. We argue that such engagement fosters an interdependence between banks and regulators, thus contributing to the efficiency and robustness of the overall regulatory regime; but also that it is contingent on the regulator exhibiting the qualities of credibility, legitimacy, and transparency. These qualities are grounded in the domestic regulatory governance literature, but we suggest that they are rendered problematic by the complexities of the EU's multilevel system and, in particular, the overlap in competences between the EBA and the European Central Bank. We examine the EBA in the light of these criteria and find that banks’ engagement remains pitched towards established national regulators and the EU's legislative arena. This poses concerns for the efficacy of agency governance in the EU's regulatory regime for banking.

scholarly journals The regulation of crypto-assets in the EU – investment and payment tokens under the radar

2020 ◽  
Vol 27 (3) ◽  
pp. 325-342
Author(s):  
Valeria Ferrari
Keyword(s):  
Eu Law ◽  
Electronic Money ◽  
Ongoing Debate ◽  
European Institutions ◽  
European Banking Authority ◽  
European Banking ◽  
Payment Services ◽  
Legal Frameworks ◽  
The Eu ◽  
Regulatory Intervention

Based on the guidelines issued by the European Securities and Market Authority and by the European Banking Authority, the article deals with the legal qualification of blockchain-based crypto-assets under EU law. Focusing on crypto-assets that function as a) investment instruments (that is, investment tokens) and as b) electronic money (that is, payment tokens), the work outlines shortages and drawbacks in the applicability and enforcement of existing EU legal frameworks regulating investment activities and payment services. With such analysis, the article seeks to inform the ongoing debate within European institutions on the need of regulatory intervention in this area, and it points out pressing questions to be tackled by further research.

scholarly journals Reluctant Europeans? British and French Commercial Banks and the Common Market in Banking (1977–1992)

2020 ◽  
Vol 21 (3) ◽  
pp. 768-798 ◽  
Author(s):  
ALEXIS DRACH
Keyword(s):  
Financial Crisis ◽  
Commercial Banks ◽  
Banking Sector ◽  
Financial Integration ◽  
Common Market ◽  
European Banking ◽  
The Common ◽  
Banks And Banking ◽  
European Financial Integration

More than ten years after the financial crisis, the challenges of European banking and of the eurozone highlight that the existence of a European common market in banking is at best partial. Examining how British and French commercial banks and banking associations responded to the plans for a European common market in banking between 1977 and 1992, this article contributes to explaining this partial character, and highlights that this project was primarily political. This challenges the widely held view that large companies tended to push for more integration. This article shows that until the mid-1980s, the banking sector was not necessarily calling for European financial integration in the form of a common market in banking for at least three reasons: they doubted the usefulness of such a move, they feared an increase in regulation, and they focused more on domestic or global matters than on European ones.

Indonesia's new financial crisis law carries risks

2016 ◽  
Keyword(s):  
Financial Crisis ◽  
Crisis Management ◽  
Financial Crises ◽  
Deposit Insurance ◽  
Financial System ◽  
Legal Basis ◽  
Content Type ◽  
Regulatory Authorities ◽  
Crisis Prevention ◽  
First Time

Subject The new financial crisis management law. Significance On March 17, parliament approved the long-awaited 'Financial System Crisis Prevention and Mitigation' bill. For the first time, Indonesia has a law on financial crisis management that will provide the legal basis for regulatory authorities to respond better to future financial crises. Impacts Government preparedness to manage a financial crisis will rise, albeit gradually. Political stalemate during a crisis, especially in parliament, would prevent effective and timely action by the president. The Deposit Insurance Corporation has limited capitalisation and may not be strong enough to manage more than two large troubled banks.

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