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Author: LAURA. WISSINK
Publisher: Europa Law Publishing
ISBN: 9789462512528
Category :
Languages : en
Pages : 382
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Book Description
This book provides an in-depth analysis of the effectiveness of legal protection in the composite procedures in place within the Single Supervisory Mechanism (SSM), established to ensure an effective prudential banking supervision within the euro area. This system, in which the European Central Bank and national prudential banking supervisors closely cooperate, results in a far-reaching shared administration entailing supervisory decisions based on complex composite administrative procedures which involve both EU and national legal orders. The current system of legal protection seems not yet fully-fledged to the reality of increasingly far-reaching forms of shared administration for the implementation of EU law. This book addresses the tension between ensuring effective supervision, by means of a shared administration, and ensuring effective legal protection in composite administrative procedures. To arrive at a meaningful discussion of the SSM's far-reaching shared administration, it categorizes the composite procedures in place within the SSM in such a way that other shared administrations in fields of law such as the European Structural Funds, fisheries, and the Single Resolut
Author: LAURA. WISSINK
Publisher: Europa Law Publishing
ISBN: 9789462512528
Category :
Languages : en
Pages : 382
Get Book Here
Book Description
This book provides an in-depth analysis of the effectiveness of legal protection in the composite procedures in place within the Single Supervisory Mechanism (SSM), established to ensure an effective prudential banking supervision within the euro area. This system, in which the European Central Bank and national prudential banking supervisors closely cooperate, results in a far-reaching shared administration entailing supervisory decisions based on complex composite administrative procedures which involve both EU and national legal orders. The current system of legal protection seems not yet fully-fledged to the reality of increasingly far-reaching forms of shared administration for the implementation of EU law. This book addresses the tension between ensuring effective supervision, by means of a shared administration, and ensuring effective legal protection in composite administrative procedures. To arrive at a meaningful discussion of the SSM's far-reaching shared administration, it categorizes the composite procedures in place within the SSM in such a way that other shared administrations in fields of law such as the European Structural Funds, fisheries, and the Single Resolut
Author: Chiara Zilioli
Publisher: Edward Elgar Publishing
ISBN: 1800373201
Category : Law
Languages : en
Pages : 672
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Book Description
This is the first book to offer a profound, practical analysis of the framework for the judicial and pre-judicial protection of rights under the supranational banking supervision and resolution powers in the European Banking Union (EBU). It is also unique in its in-depth commentary on the developing case law from the European Court of Justice in this new field of EU litigation.
Author: Wouter Bossu
Publisher: International Monetary Fund
ISBN: 1513580329
Category : Law
Languages : en
Pages : 44
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Book Description
Well-designed banking laws are critical for regulating the market access and operations of banks, as well as their removal from the market in case of failure. While at a financial policy level there is a broad consensus as to the content of banking laws, from a legal perspective their drafting often leaves something to be desired. In spite of what is often argued, the types of weaknesses of banking laws are hardly country-specific; many weaknesses are shared by many banking laws. This working paper discusses those weaknesses and ways to remedy them, by focusing on a selected set of legal policy principles.
Author: Jennifer A. Elliott
Publisher: INTERNATIONAL MONETARY FUND
ISBN: 9781462310180
Category :
Languages : en
Pages : 22
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Book Description
The quality of financial sector supervision has emerged as a key issue from the financial crisis. While most countries operated broadly under the same regulatory standards, differences emerged in supervisory approaches. The international response to this crisis has focused on the need for more and better regulations (e.g., in areas such as bank capital, liquidity and provisioning) and on developing a framework to address systemic risks, but there has been less discussion of how supervision itself could be strengthened. The IMF's work in assessing compliance with financial sector standards over the past decade in member countries suggests that while progress is being made in putting regulation in place, work remains to be done in many countries to strengthen supervision. How can this enhanced supervision be achieved? Based on an examination of lessons from the crisis and the findings of these assessments of countries' compliance with financial standards, the paper identifies the following key elements of good supervision-that it is intrusive, skeptical, proactive, comprehensive, adaptive, and conclusive. To achieve these elements, the "ability" to supervise, which requires appropriate resources, authority, organization and constructive working relationships with other agencies must be complemented by the "will" to act. Supervisors must be willing and empowered to take timely and effective action, to intrude on decision-making, to question common wisdom, and to take unpopular decisions. Developing this "will to act" is a more difficult task and requires that supervisors have a clear and unambiguous mandate, operational independence coupled with accountability, skilled staff, and a relationship with industry that avoids "regulatory capture." These essential elements of good supervision need to be given as much attention as the regulatory reforms that are being contemplated at both national and international levels. Indeed, only if supervision is strengthened can we hope to effectively deliver on the challenging-but crucial-regulatory reform agenda. For this to happen, society must stand with supervisors as they play their role as naysayers in times of exuberance.
Author: André Sapir
Publisher:
ISBN: 9789078910411
Category : Business & Economics
Languages : en
Pages : 182
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Book Description
European banking supervision, also known as the Single Supervisory Mechanism, is the first and arguably the main component of European banking union. In late 2014, the European Central Bank became the supervisor for the region's largest banking groups; the ECB also oversees the supervision by national authorities of smaller banks. This Blueprint is the first in-depth study of how this ground-breaking reform is working in practice. Despite teething troubles and occasional misjudgements, this assessment finds that overall European banking supervision has been effective, demanding and broadly fair, at least for the banks under the ECB's direct watch. Even so, achieving a truly single market in banking services will require more time, further supervisory initiatives and new Europe-wide regulatory and legislative steps.
Author:
Publisher: Lulu.com
ISBN: 9291316695
Category : Bank capital
Languages : en
Pages : 294
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Book Description
Author: International Monetary Fund. Monetary and Capital Markets Department
Publisher: International Monetary Fund
ISBN: 1498336051
Category : Business & Economics
Languages : en
Pages : 77
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Book Description
This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.
Author: Liber Amicorum
Publisher:
ISBN: 9789291817016
Category : Banking law
Languages : en
Pages : 414
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Book Description
"The book contains a collection of articles on the European Union and the European System of Central Banks (ESCB), the Eurosystem, monetary law, central bank independence and central bank statutes as well as on financial law. The authors are current or former members of the Legal Committee of the ESCB (LEGCO). This book commemorates ten years of work by the Working Group of Legal Experts of the European Monetary Institute and by the LEGCO. It is dedicated to Mr Paolo Zamboni Garavelli, former Head of the Legal Department at the Banca d'Italia and member of LEGCO, who died in 2004."--Editor.
Author: International Monetary Fund. Monetary and Capital Markets Department
Publisher: International Monetary Fund
ISBN: 1498375898
Category : Business & Economics
Languages : en
Pages : 169
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Book Description
This Detailed Assessment of Compliance on the Basel Core Principles for Effective Banking Supervision on Switzerland discusses that significant portions of guidance and legislation related to qualitative risk management and control standards are not as detailed or comprehensive as in many other major countries and need to be updated and selectively strengthened. Supervisory risk assessments and guidance to auditors, as the extended supervisory arm of the Swiss Financial Market Supervisory Authority (FINMA), need to be further materially improved, beyond what is now envisioned. Additional skilled resources within FINMA are necessary to meet these goals and to conduct more on-site supervisory work. The responsibilities and objectives of FINMA that emphasize protecting creditors, investors and insured persons, as well as ensuring proper functioning of the financial market, should be clearly stated in legislation as pre-eminent. It is recommended to increase FINMA resources, especially for on-site inspection and risk expertise. Clarify and limit the cases in which the Board can become involved in supervisory decisions and improve conflict code.
Author: World Bank
Publisher: World Bank Publications
ISBN: 9780821364321
Category : Business & Economics
Languages : en
Pages : 494
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Book Description
In the wake of the financial crises of the late 1990s, there was a surge of interest in the systematic assessment of financial sectors, with a view to identifying vulnerabilities and evaluating the sector's developmental needs. Consequently, there has been an increased demand from financial sector authorities in many countries for information on key issues and sound practices in the assessment of financial systems and the appropriate design of policy responses. In response, Financial Sector Assessmsnet presents a general analytical framework and broad guidance on approaches, methodologies and key techniques for assessing the stability and development needs of financial systems. It synthesizes current global sound practices in financial sector assessment.
