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EU Banking and Capital Markets Regulation: Open Issues of Vertical Interplay with National Law

EU Banking and Capital Markets Regulation: Open Issues of Vertical Interplay with National Law

Author: Filippo Annunziata; Michele Siri
Publisher: Palgrave Macmillan
ISBN: 9783031705281
Published In: January 2025
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,339.87

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The relationship between EU and national law has taken up new forms and dimensions in the context of EU financial legislation. The wide reforms introduced in the EU financial architecture over the past years raised new issues and opened new perspectives, raising paramount discussions and debates that are far from being settled. Issues concerning the interplay between EU and national law relate to all the dimensions of EU financial legislation: the principles and solutions that are consolidating in the area of EU financial law are also likely to set the standard within other areas of EU policy and legislation. Considering, for example, legal sources, the need to foster higher levels of harmonisation among the legislations of member states balanced against the complex mechanism of options and discretions, as well as with the application of the principle of proportionality, embedded in most of the fundamental texts of European financial legislation. Enforcement and institutional interplay are striking examples of the complexities of the new system. The application of traditional principles comes at grips with the continuous effort, by EU institutions and by the European Supervisory Authorities (ESAs), to set the ground for a stronger backbone of common principles and for the application of EU legislation.

This volume explores these topics in a new, multi-disciplinary perspective, that cuts across all relevant areas of European financial markets law.

Chapter 1: The principle of proportionality as an area of national discretion

Chapter 2: Options and Discretions under the Capital Requirements Directive IV

Chapter 3: The application of National Law by the ECB

Chapter 4: The Corneli Case and the Application of National Law by the European Central Bank

Chapter 5: Banking Resolution and Crisis Management Framework between National and EU Law

Chapter 6: The Markets in Financial Instruments Directive and the UK's Goldplating in the Retail Distribution Review

Chapter 7: The role of National Law in the regulation of PRIIPs

Chapter 8: Public Offerings and the role of National Law after the Prospectus Regulation

Chapter 9: The role of National Law in the regulation of investment funds

Chapter 10: The Market Abuse Regulation and the Residual Role of National Law

Chapter 11: Proportionality as a Guiding Principle for Administrative Sanctions in the EBU and in the ESFS

Chapter 12: The power of the ECB to request NCAs to open sanctioning proceedings

Chapter 13: The Vertical Interplay between the EU and the National Level in the Critical Area of SSM Sanctions

Chapter 14: EU's anti-money laundering and countering the financing of terrorism (AML/CFT) rules

Chapter 15: Two (provocative) ideas for a test case: An EU hybrid court for private law disputes in the law of finance, and how

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