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Edited by: Mark Arnold KC, Simon Mortimore KC
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European Prudential Banking Regulation and Supervision: The Legal Dimension


ISBN13: 9780415631471
Published: June 2012
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2010)
Price: £44.99
Hardback edition , ISBN13 9780415496568



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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.

Subjects:
Banking and Finance
Contents:
Introduction
Part 1 : European Banking at the Beginning of the Third Millennium
1. Banking and Market Structures
2. Insights from Regulatory Theory
Part 2: The Normative Analysis of Prudential Issues
3. An Evolutionary Perspective on Prudential Rules
4. The Multiple Layers of Prudential Rules
5. Substantive Aspects of Prudential Regulation
6. The Principles Characterising the European Prudential Regulatory Regime
Part 3: Institutional Aspects of Prudential Regulation and Supervision
7. The Institutional Framework -- General Aspects
8. The European Institutional Framework for Prudential Banking Regulation
9. The European Institutional Framework for Prudential Banking Supervision
10. The Way Forward
Part 4: The European Dimension of Supervisory Liability
11. The Issue of Supervisory Liability
12. The Current State of Supervisory Liability under European Law
13. Future European Scenarios for Supervisory Liability Concluding Remarks

Series: Routledge Research in Finance and Banking Law

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