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Vol 22 No 4 April/May 2017

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Whistleblowing: Law and Practice

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Services and Establishment in European Community Banking Law

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Poul Runge NielsenThe Aarhus School of Business, Aarhus University, Copenhagen, Denmark

ISBN13: 9788757471908
ISBN: 8757471908
Published: June 1994
Publisher: DJOF Publishing
Country of Publication: Denmark
Format: Paperback
Price: £50.00

The liberalization of financial services within the European Community represents one of the most important issues of European integration. This book provides readers with some of the most significant aspects of the Community's banking legislation. The main emphasis lies in the field of how the access to the national markets is ensured, and highlights some of the problems financial institutions are faced with when providing border crossing activities.;The freedom to provide services and the right of establishment constitute the legal foundations of the Community's banking legislation. The book examines how the interrelationship between these fundamental economic freedoms and the Second Banking Directive works in practice, and more particularly whether the directive fulfills its own aims - to grant unconditional market access. The Community's banking legislation is applicable to both credit institutions authorized in a member state and those authorized in third countries.;The author concludes that the Second Banking Directive violates not only parts of Community law, but also existing international agreements, most notably agreements concluded between the USA and the member states of the Community.

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Introduction to the subject and preliminary observations on the legal methodology; a brief historical outline on the legal approach behind the legislation; the freedom to provide services; the right of establishment; the access to the European banking market according to the Second Banking Directive; the position of ""outsiders"" (third countries).