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By Giuseppe Boccuzzi

The 2008 monetary concern all yet introduced down the economic climate and actual economies of commercial international locations. The Banking Union took a huge method of unravel the structural fragmentation and distortions within the ecu banking approach that have been significant stumbling blocks to a operating unmarried marketplace for monetary services.

This e-book examines the various alterations occurring to ecu law for the prevention and administration of banking crises. What emerges is a altering photo of laws and associations, of pursuits, instruments and critiques, private and non-private, ecu and nationwide all fascinated by the duty. The e-book specializes in the recent framework for banking obstacle administration, ranging from the rules of banking law and supervision. It explores the institutional structure of banking supervision and problem administration, the powers of the specialists, the instruments for administrative activities, the complexities of industrial and financial disaster legislation, person rights and their criminal promises.

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Additional info for The European Banking Union: Supervision and Resolution

Sample text

It does not have any decision-making powers. The bodies are regulated by the ECB Rules of Procedure. In practice, the separation of Supervisory Board and Governing Council is achieved through a delicate balance of power between them. The distinction of the functions is very important. The Supervisory Board plans and implements supervisory tasks. It is mainly technical in nature: conducting investigations and making proposals on the supervisory decisions. The ultimate responsibility for supervisory decisions rests with the Governing Council.

Some extreme proposals included the transformation of the Committees into agencies as a first step towards the centralisation of supervisory functions at the European level. However, the reform of the regulatory process in the financial sector did not change the allocation of responsibility for the exercise of banking supervision, which still remained firmly anchored in the national authorities. For cross-border banks, the existing regulatory framework included a substantial allocation of responsibilities between home and host country authorities.

The Directive envisages an architecture for co-operation between home and host authorities for emergency situations that threaten financial stability (Article 130). The authorities could conclude written agreements on coordination and co-operation, allowing the possibility of delegating supervisory functions to the authority responsible for supervision on a consolidated basis, and setting procedures for the decision-making process (Article 131) and provisions for the exchange of information essential for the exercise of supervisory functions over the group (Article 132).

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