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Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation

Edited by: Wolf-Georg Ringe, Peter Huber

ISBN13: 9781849464390
Published: January 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00
Paperback edition , ISBN13 9781509905089



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The global financial and economic crisis which started in 2008 has had devastating effects around the globe. It has caused a rethinking in different areas of law, and posed new challenges to regulators and private actors alike.

One of the emerging issues is the apparent eclipse of boundaries between different legal disciplines: financial and corporate lawyers have to learn how public law instruments can complement their traditional governance tools; conversely, public lawyers have had to come to understand the specificities of the financial markets they intend to regulate.While commentary on financial regulation and the global financial crisis abounds, it tends to remain within disciplinary boundaries.

This volume not only brings together scholarship from different areas of law (constitutional and administrative law, EU law, financial law and regulation), but also from a variety of backgrounds (the academy, practice, policy-making) and a number of different jurisdictions.The volume illustrates how interdisciplinary scholarship belongs at the centre of any discussion of the economic crisis, and indeed regulation theory more generally. This is a timely exploration of cutting-edge issues of financial regulation.

Subjects:
Banking and Finance
Contents:
1. Introduction Wolf-Georg Ringe and Peter M Huber

Part I The Constitution
2. The Rescue of the Euro and its Constitutionality Peter M Huber
3. Democracy in the Eurozone Pavlos Eleftheriadis
4. Debt Limits in Constitutional Law: The 'Debt Brake' Gregor Kirchhof
5. Debt Limits in German Constitutional Law - A UK Perspective John McEldowney

Part II Europe
6. Why the ECB Cannot Save the Euro Paul Yowell
7. A Governance Crisis? Treaty Change, Fiscal Union and the ECB Christoph Ohler
8. State Aid and the Financial Crisis Conor Quigley
9. State Aid for Banks in the Financial Crisis: The Commission's New and Stronger Role Thomas Ackermann

Part III Regulation
10. Comparing Apples and Oranges? Public, Private, Tax, and Criminal Law Instruments in Financial Markets Regulation Alexander Hellgardt
11. Regulatory Choice: Observations on the Recent Experience With Corrective Taxes in the Financial Sector John Vella
12. Banking Special Resolution Regimes as a Governance Tool Gustaf Sjoberg
13. Special Resolution Regimes for Banking Institutions: Objectives and Limitations Christos Hadjiemmanuil

Part IV The Limits of Legal Regulation
14. The Limits of Legal Regulation - Will the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union Have a Real Legal Effect? Rudolf Streinz
15. The European Public Debt Crisis and the Institutional Framework of the Monetary Union: Experience and Adjustments Franz-Christoph Zeitler