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EU Banking Union: Law, Institutions, and Co-operation

Edited by: Jonathan Bauerschmidt, Raffaele D'Ambrosio, Diane Fromage, Daniela Jaros, Paul Weismann

ISBN13: 9780198949749
To be Published: August 2026
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £170.00





Over the past decade, the Banking Union has reshaped the European Union's approach to banking oversight, creating a stronger and more resilient financial system. At its core, this landmark initiative established the European Central Bank (ECB) as the primary supervisor for Banking Union bank areas, introduced a robust resolution regime, and enhanced stability across the sector.

This edited volume offers a comprehensive examination of the Banking Union's legal framework and its ongoing evolution. It addresses pressing questions about governance, accountability, and reform through a multi-dimensional lens, exploring six key areas: horizontal, substantive, institutional, cooperative, review, and external dimensions. The horizontal aspect addresses EU competences, soft law, fundamental rights, and inter-institutional relations. The substantive dimension focuses on the application of national law by the ECB, deposit guarantee schemes, and prudential supervision. Structural considerations focus on new frameworks and their powers, including the European Stability Mechanism and the emerging Anti-Money Laundering Authority. Cooperation is highlighted through EU-national collaboration, composite procedures, and state aid in banking. Oversight is examined via accountability mechanisms, judicial review, and litigation before the Court of Justice of the EU. Finally, external aspects explore the Banking Union's ties with non-eurozone members, EEA countries and Switzerland,

By combining theoretical insights with practical analysis, EU Banking Union provides an original and in-depth understanding of the Banking Union's development, its complex legal architecture, and the challenges that lie ahead.

Subjects:
EU Law, Banking and Finance
Contents:
Introduction: EU Banking Union: Law, Institutions, and Co-operation
Raffaele D'Ambrosio, Jonathan Bauerschmidt, Diane Fromage, Daniela Jaros, and Paul Weismann
1:The EU Treaties as Living Constitution of the Union in Times of Crisis
Alberto de Gregorio
2:EBA Guidelines and Recommendations as Part of the European Single Rulebook in Banking: Soft Law Acts with Hard Effects
Mariolina Eliantonio and Pavlína Hubkova
3:Fundamental Rights Protection in the Banking Union
Paul Weismann
4:Relations between EU Bodies in the Banking Union
Concetta Brescia Morra and Federico Pistelli
5:The Application of National Law by the ECB
Daniela Jaros
6:No EDIS but Revamped DGSs: Is It Sufficient?
Diane Fromage and Gaia Chiarini
7:Supervisory Review and Evaluation Process (SREP): A Strengthened Common Supervisory Action for Effective Crisis Prevention?
Christy Ann Petit
8:Navigating Capital, Leverage, TLAC, and MREL Requirements
David Brinkman and Asen Lefterov
9:Meroni Doctrine and the Delegation of Powers to EU Agencies
Jonathan Bauerschmidt
10:Reformed European Stability Mechanism Fully Respectful of Union Law
Andrea Westerhof Löfflerová
11:The Financing of the Single Resolution Fund through Ex Ante Contributions: Innovative Financing and Legal Challenges
Eugénie d'Ursel
12:European System of Financial Supervision and AMLA
Matthias Deissenberger
13:The Width and Length of Composite Decision-Making in the European Banking Union
Filipe Brito Bastos and Ieva Hūna
14:The Cooperation between European and National Authorities in the Single Resolution Mechanism
Edoardo Rulli
15:The Complementary Nature of the State Aid in the Banking Union
Audronė Steiblytė
16:Cooperation between National Authorities and the Banking Union regarding Macroprudential Policy: Lawmakers' Intentions and Reality after 10 Years of the EU Macroprudential Framework
Ursula Hauser-Rethaller
17:Close Cooperation to the Test: The Participation of Non-euro-area Member States in the Banking Union
Agnese Pizzolla
18:Divergent Paths in Banking Union Oversight: A Comparative Analysis of SRB and ECB Internal Review Bodies
Jakub Kerlin
19:The Accountability of the Single Supervisory Mechanism and the Single Resolution Mechanism to the European Parliament
Menelaos Markakis
20:The Role of the European Court of Auditors in the Administrative Accountability of the Banking Union
Carlos Soler Ruiz
21:Cooperation and Information Exchange In- and Outside the Banking Union: The Use of Memoranda of Understanding
Jonathan Bauerschmidt, Diane Fromage, and Vanessa Aichstill
22:Inside the Internal Market, Outside the Banking Union: EEA/EFTA States
Mads Andenas and Carsten Zatschler
23:Switzerland and the Banking Union
Carlo Lombardini
Conclusion: Where Does the Banking Union Stand and is it Fit for the Future?