Download or read book The Single Supervisory Mechanism written by Klaus Lackhoff and published by Beck/Hart. This book was released on 2017-07-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Single Supervisory Mechanism (SSM) will be considered as a significant category in the Eurozone as of November 2014. Thus, the European banking architecture is fundamentally changed and adapted to the requirements of a European banking union. Contents: - Purpose of the SSM and Basic Functioning - Some Fundamental Questions. - Governance Structure and Decision Making - The Applicable Nouns and Procedural Law - Determining the Significance of Credit Institutions and the Endowment of the ECB - Tasks and Powers Relating to all Credit Institutions - Tasks and Powers Relating to the On-Going Supervision of Significant Credit Institutions - Enforcement and Sanctioning Powers - Close Cooperation - Supervisory Fees - Contesting ECB supervisory decisions in front of the ABoR - Contesting ECB - Non-contractual liability of the ECB for ECB supervisory decisions - SSM Regulation (SWOP) and the so-called Framework Regulation of the European Central Bank (FR) are the legal basis for the institutional and operational architecture of the SSM.

Download or read book The enforcement dimension of the single supervisory mechanism written by SILVIA ALLEGREZZA and published by CEDAM. This book was released on 2020-09-14 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the sheer complexity of the SSM’s institutional design adopting an comprehensive approach to banking supervision. At its core, this work examines the tangible mechanisms of prudential regulation or supervision both at the European and national levels, offering a comparative analysis of ten national systems. Reflecting the results of an intensive, four-year research project that saw the collaboration of academics and practitioners, it addresses two interrelated issues. It investigates the efficacy of the shared national- and EU-level enforcement system the EU introduced in reaction to the financial and banking crisis.Secondly, it scrutinizes the role that criminal law can play in sanctioning the breaches to banking regulation.

Download or read book Single Supervisory Mechanism written by Klaus Lackhoff and published by . This book was released on 2017 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Legal Framework Applicable to the Single Supervisory Mechanism written by Giovanni Bassani and published by Kluwer Law International B.V.. This book was released on 2019-02-11 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this innovative book a leading expert directly involved in the development and implementation of the framework compellingly demonstrates the necessity of removing differences in banking legislation across national borders within the Banking Union. The author analyses all the cases where the European Central Bank (ECB) is required to apply national legislation in accordance with the country of establishment of the credit institutions under its direct supervision within the Single Supervisory Mechanism (SSM). Drawing on the case law of the European Court of Justice concerning the transposition of EU Directives the book also develops an analytical methodology to assess the derivation of national legislation from EU law with application to several concrete cases. In an in-depth analysis of the complex legal environment in which the ECB, as prudential supervisory authority, has been operating, the author thoroughly answers the following questions: – What are the supervisory tasks and powers of the ECB in the micro and macroprudential spheres? – When is the ECB required to apply national legislation? – What are the 'direct' and the 'indirect' supervisory powers of the ECB vis-à-vis significant supervised entities? – What are the options and discretions available in EU law? – What are the most important prudential options the ECB has exercised for significant supervised entities? – What are the main legal obstacles to the establishment of a truly single supervisory jurisdiction within the Euroarea with actual fungibility of capital and liquidity for cross-border banking groups? The legal analysis in this book supports, with great authority, the demands for a leap forward in the full harmonisation of key prudential requirements within the Banking Union. Legal and banking practitioners, officials in national and European authorities, banking law scholars and policymakers will benefit enormously from the lessons it contains for the way forward of the Banking Union and, more generally, the future of the European Union itself.

Download or read book The Single Resolution Mechanism written by Robby Houben and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes stock after a year of application of the SRM and examines the situation from various perspectives: the perspective of the SRB, the NRA, the supervised bank and judicial protection. Special attention is given to the division of power between the RB and the NRA and the impact on the supervised bank, the relationship and links between the SRM and the SSM and the query whether the right balance between national and supranational powers has been struck, also in view of the principle of subsidiarity.

Download or read book From the Single Supervisory Mechanism to the Banking Union The Role of the ECB and the EBA written by Concetta Brescia Morra and published by . This book was released on 2014 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: The agreement on the Single Supervisory Mechanism (SSM) is an important step to create an integrated banking system in Europe. In this article we look at the powers attributed to the ECB, from a legal perspective, in order to evaluate the SSM in the broader European architecture of banking supervision. We focus on three issues: the coexistence of more authorities with the same functions on a different perimeter of intermediaries in Europe, due to the UK decision to remain outside the SSM; the creation of a supervisory authority with weak regulatory powers (since these remain in the hands of European institutions and national legislators); and ambiguity over the competence to carry out early intervention powers. These issues should be addressed to increase the effectiveness of supervision. To this end, first we need an “umbrella authority” to coordinate supervision among all European countries (those that do and do not adhere to the SSM); this role could be played by the EBA. Second it is crucial to strengthen the powers of the ECB, in the regulatory field as well as for dealing with an impending crisis.

Download or read book The Single Supervisory Mechanism Or SSM Part One of the Banking Union written by Eddy Wymeersch and published by . This book was released on 2014 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The European Central Bank ECB Under the Single Supervisory Mechanism SSM written by Paul Weismann and published by . This book was released on 2017 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of the Eurozone-project 'Banking Union', the European Central Bank (ECB) was vested with a large pouvoir in the field of banking supervision. Such an empowerment of the ECB is principally provided for in Article 127 (6) TFEU, on which basis the SSM Regulation was therefore adopted. However, this provision allows for the delegation upon the ECB of 'specific [supervisory] tasks' only. In order to avoid a conflict with the ECB's monetary policy function, a new (internal) body of the ECB, the Supervisory Board, was established, which is essentially dealing with the ECB's supervisory tasks. Its supervisory draft decisions come into effect if the Governing Council of the ECB does not object to them (reverse majority voting). Within the broader framework of the SSM, the supervisory branch of the ECB and, under the latter's guidance, the national supervisory authorities together perform banking supervision in the Eurozone. The means the ECB has at its hand in order to determine national supervision are without precedent in the long history of the European Verwaltungsverbund, of European Union-Member States administrative cooperation that is.This paper addresses the functioning and the limits of the SSM with a view to answering the following three questions: How does administrative cooperation work within and with the supervisory authorities outside the SSM, for example the European Banking Authority (EBA)? Is the delegation of banking supervisory powers upon the ECB, as effected by the SSM Regulation, in accordance with Article 127 (6) TFEU and the Meroni-criteria, which were recently re-considered by the Court? Is the reverse majority voting to be applied in the Governing Council of the ECB when deciding upon a draft of the Supervisory Board in compliance with the ECB's decision-making rules as laid down in the Statute of the ESCB/ECB, for example primary law?

Download or read book The Politics of Supranational Banking Supervision in Europe written by David Howarth and published by Routledge. This book was released on 2019-09-19 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe’s sovereign debt crisis and the accompanying national bank crises in the European Union brought bank regulation and supervision to the top of the EU policy agenda. In a few short years, we have witnessed a ‘great leap forward’ for European integration marked by over a dozen pieces of EU legislation shaping the operation of banks, rules on bank capital, reconfigured supervisory agencies, and Banking Union. The significance of these measures lies however, in the fact that they constitute the most dramatic transfer of policy-making powers to the European level since the start of Economic and Monetary Union in 1999. This volume addresses the three main political battles behind the adoption of these new regulatory and supervisory policies. First, it examines divisions among states, both according to their domestic institutional structures, including distinct financial systems, as well as their creditor or debtor status in the crisis. Second, it studies the battle over national versus supranational jurisdiction. Third, it explores the conflictual process of policy learning and the activation of epistemic communities who claim competence to address the crisis. This book was originally published as a special issue of the journal West European Politics.

Download or read book The Single Supervisory Mechanism written by Klaus Lackhoff and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The European Single Supervisory Mechanism written by Eilis Ferran and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Banking Union needs a single supervisor. Therefore, the establishment of the Single Supervisory Mechanism (SSM) is the first fundamental step in centralising powers over the banking sector within the Euro Area. This article examines the significant legal issues raised by the creation of the SSM as reflected in the legislative proposals put forward by the Commission and the Council, in the light of policy considerations and political pressures. In particular, the article analyses the role of the ECB as prudential supervisor, including its scope and powers, its interaction with national supervisory authorities, governance arrangements, independence and accountability. The article also considers the implications for the non-Euro Area Member States which opt into the SSM, the Member States which choose not to participate (in particular the UK), the European Banking Authority and the European Systemic Risk Board. The article concludes by attempting a first evaluation of the emerging SSM, taking into account that many details remain to be refined. The short term challenge for the SSM will be to build up its institutional capacity. In the longer term, the SSM's performance could be affected by its own institutional design (forged under legal constraints and political compromise) and by the arduous process of completing the single regulatory rulebook for the European Union.

Download or read book The European Parliament as an Accountability Forum written by Adina Akbik and published by Cambridge University Press. This book was released on 2022-02-03 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of executive actors' accountability for EU economic decisions in the aftermath of the euro crisis.

Download or read book Differentiated Integration and the Single Supervisory Mechanism written by Pierre Schammo and published by . This book was released on 2016 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The establishment of the Single Supervisory Mechanism (SSM), as the first pillar of an EU Banking Union, represents a significant step towards greater integration in banking supervision. However, the scope of the SSM is limited to a group of Member States. Member States such as the UK have insisted that they will not be part of the SSM. These non-participating Member States (NoPS) will nevertheless interact closely with SSM members, notably within the European Banking Authority (EBA). In order to organise their interactions, the EU legislature amended EBA's founding regulation. In particular, it introduced complex voting requirements. The aim of this paper is to reflect on these changes and to consider alternative arrangements for EBA.

Download or read book Banking Supervision and Criminal Investigation written by Giulia Lasagni and published by Springer Nature. This book was released on 2019-08-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the aftermath of the last financial crisis, on both sides of the Atlantic banking supervisors were given new supervisory and enforcement powers, which are often of a substantially punitive-criminal nature. In Europe in particular, the establishment of the Single Supervisory Mechanism within the European Central Bank substantially increased centralised investigatory and sanctioning powers. This major innovation, together with the development of forms of real-time monitoring of banking (often digital) records, challenges traditional banking criminal investigations in their national-based and analogue dimension.The book offers a comprehensive account and perspective analysis of the interactions between the criminal and administrative nature of such new powers, highlighting their “punitive” overall nature and their impact on fundamental rights. Covering both the US and the EU regulatory frameworks, it presents unprecedented, trans-systemic research between criminal law and procedure, and between regulatory and administrative law, at the international, European and national level.The book also includes a rich and detailed selection of case law from the US and the European supreme courts, with a specific focus on CJEU and ECtHR decisions.

Download or read book The Single Supervisory Mechanism SSM written by Christos V. Gortsos and published by . This book was released on 2015 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book European Banking Supervision written by André Sapir and published by . This book was released on 2016-06-14 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Proposals for a Single Supervisory Mechanism for Banks in the Euro Area are an Important Step in Strengthening the Economic and Monetary Union written by Maria Pavlova and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Single Supervisory Mechanism (SSM) is considered by many to be fundamental for the creation of the European Union banking union. The very idea behind the banking union is not only to strengthen the confidence in the banks of the Member States that are using the euro as their national currency, but also to set up a solid framework for effective oversight of the EU financial regulation. At the time, when the financial crisis affected Europe in 2008, there were twenty-seven diverging financial regulatory systems in operation that were dependent on national legislation. The SSM was strongly needed, because otherwise these different operational regimes would have fragmented the EU internal market, thus exacerbating the financial turmoil. Therefore, a plan for setting up of a banking union has been gradually being discussed over the past couple of years, in particular on the Euro Area Summit by the European Council (June 2012), and in official proposals formulated by the European Commission (September 2012). As of 1 January 2013, new legislation on the matter has entered into force.