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The Legal Framework Applicable to the Single Supervisory Mechanism: Tapestry or Patchwork?


ISBN13: 9789403508726
Published: March 2019
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £96.00



Despatched in 9 to 11 days.

The Legal Framework Applicable to the Single Supervisory Mechanism provides an in-depth analysis of the legal framework applicable to the Single Supervisory Mechanism (SSM) with particular reference to the interaction between European and national law. In this innovative book a leading expert directly involved in the development and implementation of the framework compellingly demonstrates the necessity of removing differences in banking legislation across national borders within the Banking Union. The book analyses all the cases where the European Central Bank (ECB) is required to apply national legislation in accordance with the country of establishment of the credit institutions under its direct supervision within the SSM. Drawing on the case law of the European Court of Justice concerning the transposition of EU Directives the book also develops an analytical methodology to assess the derivation of national legislation from EU law with application to several concrete cases.

In an in-depth analysis of the complex legal environment in which the ECB, as prudential supervisory authority, has been operating, the author thoroughly answers the following questions:

  • What are the supervisory tasks and powers of the ECB in the micro and macroprudential spheres?
  • When is the ECB required to apply national legislation?
  • What are the ‘direct’ and the ‘indirect’ supervisory powers of the ECB vis-à-vis significant supervised entities?
  • What are the options and discretions available in EU law?
  • What are the most important prudential options the ECB has exercised for significant supervised entities?
  • What are the main legal obstacles to the establishment of a truly single supervisory jurisdiction within the Euroarea with actual fungibility of capital and liquidity for cross-border banking groups?

The focus of the book is on the interaction between European banking legislation and national legislative provisions.

The legal analysis in this book supports, with great authority, the demands for a leap forward in the full harmonisation of key prudential requirements within the Banking Union. Legal and banking practitioners, officials in national and European authorities, banking law scholars and policymakers will benefit enormously from the lessons it contains for the way forward of the Banking Union and, more generally, the future of the European Union itself.

Subjects:
Banking and Finance
Contents:
Foreword by Andrea Enria
Acknowledgements
Introduction
CHAPTER 1
The Centralisation of Banking Supervision in the Euroarea: An
Unfinished Banking Union Within the Monetary Union
CHAPTER 2
The Legal Basis and the General Features of the Single Supervisory
Mechanism and the SSM Regulation
CHAPTER 3
The ‘National Powers’ Debate
CHAPTER 4
Options and Discretions Available in Union Law and the SSM
CHAPTER 5
General Conclusions
Bibliography

Series: European Monographs

The Agricultural Law of the EU 2nd ed (eBook) ISBN 9789403544212
Published May 2022
Kluwer Law International
£185.00
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The Agricultural Law of the EU 2nd ed ISBN 9789403544113
Published May 2022
Kluwer Law International
£185.00
GDPR: Personal Data Protection in the European Union (eBook) ISBN 9789403532714
Published April 2021
Kluwer Law International
£133.00
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GDPR: Personal Data Protection in the European Union ISBN 9789403532707
Published April 2021
Kluwer Law International
£133.00
Remedies and Procedures before the EU Courts 2nd ed (eBook) ISBN 9789403511146
Published April 2020
Kluwer Law International
£246.00
(ePub)
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Remedies and Procedures before the EU Courts 2nd ed ISBN 9789403511405
Published April 2020
Kluwer Law International
£246.00
£111.00
(ePub)
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General Principles of EU Law and the EU Digital Order ISBN 9789403511658
Published January 2020
Kluwer Law International
£120.00
A Legal Analysis of NGOs and European Civil Society ISBN 9789403512518
Published June 2019
Kluwer Law International
£119.00
Finance for SMEs: European and International Regulation ISBN 9789403501611
Published June 2019
Kluwer Law International
£100.00
Brexit: The Legal Implications ISBN 9789041195401
Published December 2018
Kluwer Law International
£122.00
The New EU Judiciary: An Analysis of Current Judicial Reforms (eBook) ISBN 9789041168405
Published December 2017
Kluwer Law International
£149.00
(ePub)
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The New EU Judiciary: An Analysis of Current Judicial Reforms ISBN 9789041168344
Published December 2017
Kluwer Law International
£149.00
Cross-Border Transfers of Undertakings. A European Perspective ISBN 9789041192271
Published October 2017
Kluwer Law International
£144.00
Simplification of Debt Collection in the EU ISBN 9789041148544
Published September 2014
Kluwer Law International
£218.00
£172.00
European Contract Law and German Law ISBN 9789041125880
Published January 2014
Kluwer Law International
£262.00
General Principles of EU Law eand European Private Law ISBN 9789041146830
Published December 2013
Kluwer Law International
£140.00
Citizenship Rights and Freedom of Movement in the European Union ISBN 9789041146601
Published June 2013
Kluwer Law International
£135.00
EU Higher Education Law: The Bologna Process and Harmonization by Stealth ISBN 9789041133656
Published February 2011
Kluwer Law International
£128.00
The Eclipse of the Legality Principle in the European Union ISBN 9789041132628
Published December 2010
Kluwer Law International
£135.00
EU Law and Obesity Prevention ISBN 9789041127068
Published October 2010
Kluwer Law International
£159.00
EU Law and Harmonization of Takeovers in the Internal Market ISBN 9789041133403
Published September 2010
Kluwer Law International
£132.00
The Ne Bis in Idem Principle EU Law: Conceptual Jurisprudential ISBN 9789041131560
Published August 2010
Kluwer Law International
£121.00
The European Union Legal Order after Lisbon ISBN 9789041131522
Published May 2010
Kluwer Law International
£167.00
Directory of EU Case Law on the Preliminary Ruling Procedure ISBN 9789041131508
Published August 2009
Kluwer Law International
£185.00
Multilingual Interpretation of European Community Law ISBN 9789041128539
Published June 2009
Kluwer Law International
£120.00
Reverse Discrimination in EC Law ISBN 9789041127518
Published February 2009
Kluwer Law International
£120.00
General Principles of EC Law in a Process of Development ISBN 9789041127051
Published June 2008
Kluwer Law International
£167.00
Impact Assessment in EU Lawmaking ISBN 9789041127204
Published May 2008
Kluwer Law International
£162.00
External Relations Law of the European Community ISBN 9789041126047
Published March 2008
Kluwer Law International
£202.00
EU Enlargement and the Failure of Conditionality ISBN 9789041126962
Published February 2008
Kluwer Law International
£176.00
Free Movement Of Persons Within The European Community 2nd ed ISBN 9789041125453
Published June 2007
Kluwer Law International
£167.00
Competition Law and Consumer Protection ISBN 9789041123800
Published May 2005
Kluwer Law International
£212.00
The Optimal Enforcement of EC Antitrust Law
ISBN 9789041117571
Published April 2004
Kluwer Law International
£170.00
Dealing with Dominance: The Experience of National Competition Authorities ISBN 9789041122117
Published March 2004
Kluwer Law International
£205.00
Communications in EU Antitrust Law ISBN 9789041119742
Published March 2003
Kluwer Law International
£212.00
Regional State Aid and Competition Policy ISBN 9789041119759
Published February 2003
Kluwer Law International
£145.00
Nationality Discrimination in the European Internal Market ISBN 9789041119988
Published January 2003
Kluwer Law International
£128.00
Takeover Law in the EU and the USA ISBN 9789041119193
Published September 2002
Kluwer Law International
£144.00
The European Union in Search of a Democratic and Constitutional Theory ISBN 9789041118721
Published August 2002
Kluwer Law International
£233.00
EU Regulation and Transatlantic Trade ISBN 9789041118714
Published August 2002
Kluwer Law International
£188.00
Judicial Protection Through the Use of Article 288(2)EC ISBN 9789041118233
Published August 2002
Kluwer Law International
£197.00
Cross Border Insolvencies in EU, English and Belgian Law ISBN 9789041118882
Published July 2002
Kluwer Law International
£162.00
Police and Justice Co-operation and the New European Borders
ISBN 9789041118936
Published July 2002
Kluwer Law International
£197.00
The Liberalization of Postal Services in the European Union
ISBN 9789041117809
Published May 2002
Kluwer Law International
£243.00
Multilevel Governance in the European Union
ISBN 9789041118127
Published April 2002
Kluwer Law International
£144.00
Europe and Refugees: Towards an EU Asylum Policy ISBN 9789041117090
Published March 2002
Kluwer Law International
£170.00
European Cooperation Between Tax, Customs and Judicial Authorities ISBN 9789041117472
Published December 2001
Kluwer Law International
£162.00
Towards an EU Right to Education ISBN 9789041116703
Published October 2001
Kluwer Law International
£243.00
The Liberalization of Electricity and Natural Gas in the European Union ISBN 9789041115607
Published June 2001
Kluwer Law International
£188.00
Convergence of Competition Laws and Policies in the European Community
ISBN 9789041115621
Published February 2001
Kluwer Law International
£197.00
General Principles of European Community Law
Edited by: Ulf Bernitz
ISBN 9789041114020
Published June 2000
Kluwer Law International
£173.00
European Defence Procurement Law ISBN 9789041111678
Published July 1999
Kluwer Law International
£167.00
Public Procurement ISBN 9789041111616
Published May 1999
Kluwer Law International
£167.00
Principles of Proportionality in European Law ISBN 9789041108661
Published June 1998
Kluwer Law International
£215.00
Current and Future Perspectives on EC Competition Law
ISBN 9789041106919
Published October 1997
Kluwer Law International
£164.00
The Evolving Concept of Community Citizenship ISBN 9789041108784
Published July 1996
Kluwer Law International
£218.00
National Parliaments as Cornerstones of European Integration
ISBN 9789041108982
Published May 1996
Kluwer Law International
£156.00
State Entrepreneurship, National Monopolies and European Community Law
ISBN 9789065447739
Published July 1995
Kluwer Law International
£130.00
Financial and Monetary Integration in the EEC
ISBN 9789065447180
Published July 1995
Kluwer Law International
£139.00
The Legislative Process in the EC ISBN 9789065446909
Published July 1995
Kluwer Law International
£140.00
The Agricultural Law of the EC ISBN 9789065448675
Published October 1994
Kluwer Law International
Out of print
Culture and Community Law ISBN 9789065446381
Published July 1994
Kluwer Law International
£137.00
The European Economic Area: EC-EFTA
Edited by: Jules Stuyck
ISBN 9789065448156
Published June 1994
Kluwer Law International
£130.00