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Liability of Financial Supervisors and Resolution Authorities

Edited by: Danny Busch, Christos Gortsos, Gerard McMeel QC

ISBN13: 9780198868934
Published: June 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £195.00



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Since the global financial crisis of 2008, claims by clients, shareholders, depositors, and bondholders of financial firms have increased against financial supervisors and resolution authorities for inadequate supervision or resolution action. Liability of Financial Supervisors and Resolution Authorities is the first book to offer a thorough and systematic analysis of the liability regimes which apply to financial supervisors and resolution authorities at the EU level (particularly relevant since the European Banking Union came into operation in 2014), at the level of individual EU Member States, as well as in other major jurisdictions worldwide.

The jurisdiction-by-jurisdiction approach provides a detailed analysis of the liability regimes as they apply to local financial supervisors and resolution authorities in major civil law, common law, and mixed legal system jurisdictions. This global view of the primary financial jurisdictions as examples provides a unique and comprehensive overview which is of great practical and theoretical importance.

The work concludes with a comparative law evaluation that discusses to what extent limitations of the liability of national financial supervisors and resolution authorities are valid under the EU rules on Member State liability. It also explores whether it would be preferable to adopt a uniform liability standard for the European Central Bank (ECB), the Single Resolution Board (SRB), and national financial supervisors and resolution authorities. Furthermore, it addresses whether it would be preferable to adopt a provision to the effect that the Court of Justice of the European Union has exclusive jurisdiction in relation to the ECB, SRB, and the national financial supervisors and resolution authorities.

Subjects:
Banking and Finance
Contents:
1:Introduction
2:Liability of the European Financial Authorities
3:Germany
4:Austria
5:France
6:The Netherlands
7:Italy
8:Spain
9:Portugal
10:Greece
11:United Kingdom
12:Ireland
13:Hong Kong & Singapore
14:United States of America
15:Australia
16:South Africa
17:Comparative Law Evaluation

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