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The book analyses the institutions of the European financial market supervision and the challenges of financial markets. The current European supervisory structure for financial markets represents a major development in European supervisory history. Its operation however has to be explored and analysed critically. Has it gone far enough to provide a sufficiently comprehensive and resilient system to reduce or mitigate systemic risks and handle financial crises? Some claim it has gone too far already.
Fresh and rigorous critical legal and economic analysis from an independent scholarly perspective are needed to assess whether the institutional design of the European supervisory architecture has proved itself to be an efficient and effective model. This book discusses many dimensions of the structure and workings of the European system from various angles providing different dimensions. The book makes an important contribution to the limited literature onfinancial market supervision.
Sommario
Mads Andenas and Gudula Deipenbrock, More Risks than Achievements?.- Part I The European System of Financial Supervision as Originally Introduced from the Institutional Perspective - Selected Aspects from the European, Comparative Law and Economic View: Gudula Deipenbrock, The European Securities and Markets Authority and its Regulatory Mission - A Plea for Steering a Middle Course.- Trude Myklebust, Form and Function of the ESRB: A Critical Analysis.- Iris Chiu, Power and Accountability in the EU Financial Regulatory Architecture - Examining Inter-agency Relations, Agency Independence and Accountability.- Georgina Tsagas, The Regulatory Powers of the European Supervisory Authorities - Constitutional, Political and Functional Considerations.- Federico Della Negra, The Effects of the ESMA's Powers on Domestic Contract Law.- Giuseppe Bianco, Strengths and Weaknesses of the ESMA-SEC Supervisory Cooperation.- María Jesús Muñoz-Torres and Juana María Rivera-Lirio, Sustainability Impact Assessment in ESAs.- Kern Alexander, Selected Aspects of International Regulation and Policy - Reforming International Financial Regulation along Macro-prudential Lines.- Régis Bismuth, The Federalisation of Financial Supervision in the US and the EU - A Historical-Comparative Perspective.- Part II The European Central Bank and Banking Supervision from the Institutional Perspective - Selected Aspects Covering the Legal and Economic View: Kern Alexander, The ECB and Banking Supervision - Does Single Supervisory Mechanism Provide an Effective Regulatory Framework?.- Christos V. Gortsos, The Role of the European Banking Authority (EBA) After the Establishment of the Single Supervisory Mechanism (SSM).- Raffaele D'Ambrosio, The Single Supervisory Mechanism (SSM) - Selected Institutional Aspects and Liability Issues.- Maren Heidemann and Dania Thomas, Judicial Review in the Eurozone -The Court System as Regulator? The Case of the Sovereign Debt Crisis.- Jan Dalhuisen, The Management of Systemic Risk from a Legal Perspective.- Andreas Horsch, Regulating SIFIs in the European Union - A Primer from an Economic Point of View.- Jacob Kleinow, Loss-Absorbing Capacity - The Last Remedy for European SIFI Regulation?.
Info autore
Mads Andenas is Professor of Law at Faculty of Law, University of Oslo, Oslo, Norway, and Institute of Advanced Legal Studies, School of Advanced Studies, University of London, London, United Kingdom.Gudula Deipenbrock is Professor of Business Law at HTW Berlin, University of Applied Sciences, Berlin, Germany.
Riassunto
The book analyses the institutions of the European financial market supervision and the challenges of financial markets. The current European supervisory structure for financial markets represents a major development in European supervisory history. Its operation however has to be explored and analysed critically. Has it gone far enough to provide a sufficiently comprehensive and resilient system to reduce or mitigate systemic risks and handle financial crises? Some claim it has gone too far already.
Fresh and rigorous critical legal and economic analysis from an independent scholarly perspective are needed to assess whether the institutional design of the European supervisory architecture has proved itself to be an efficient and effective model. This book discusses many dimensions of the structure and workings of the European system from various angles providing different dimensions. The book makes an important contribution to the limited literature onfinancial market supervision.
