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Vol 22 No 4 April/May 2017

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Whistleblowing: Law and Practice

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European Agencies and Risk Governance in EU Financial Market Law

ISBN13: 9781138899995
Published: June 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00

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The phenomenon of 'agencification' describes the increasing use of European agencies by EU legislators to regulate various industries and institutions within the Union.

The creation of these decentralised administrative entities raise intricate questions regarding the limits to a delegation of powers, the relationship between independence and accountability, and the call for democratic legitimacy.

This book examines the developing use of agencies in EU legislation, focusing specifically on the Banking Union, and the three European Financial Market Supervisory Authorities (ESAs) which in comparison to other agencies possess unprecedented powers.

By exploring how these agencies work in the supervision of the banking sector, the securities sector and the insurance and occupational pensions sector, Paul Weismann asks whether the aggregation of new powers by European agencies has led to competencies moving from the Member State level to the EU level. As an evaluation of the developing centralisation of regulatory powers within the EU, this book will be of great interest and use to students and scholars of EU law, financial law and regulation, and European politics.

Banking and Finance
Part 1: Preliminaries
1. The Term 'Agency' in General and in the Context of EU Law in Particular
2. 'Risk Governance' as a Generic Term of a certain Set of Policies
3. The Quality of Legal Acts: Hard Law and Soft Law

Part 2: Core Questions of the 'Agencification' of Risk Governance
4. Delegation of Powers - the Meroni Doctrine
5. Comitology - a Foreshadowing of Agencification?
6. Institutional Questions of European Agencies
7. The Relationship between Comitology and Agencies - Competitors or Communicating Vessels?
8. The Crisis: Alternative Ways of Risk Governance
9. The Future of European Agencies - Has the EU's 'Agencification' Exceeded its Zenith?

Part 3: The Financial Market Supervisory Architecture of the European Union
10. Status quo ante and status quo: The Development of the Current Financial Market Supervisory System
11. The Current Financial Market Supervisory Architecture