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Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation

Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation

Author: Wolf-Georg Ringe; Peter Huber
Publisher: Hart Publishing
ISBN: 9781509905089

Published In: December 2015
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849464390

List Price: HKD 545.87

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Contents

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The global financial and economic crisis which started in 2008 has had devastating effects around the globe. It has caused a rethinking in different areas of law, and posed new challenges to regulators and private actors alike.

One of the emerging issues is the apparent eclipse of boundaries between different legal disciplines: financial and corporate lawyers have to learn how public law instruments can complement their traditional governance tools; conversely, public lawyers have had to come to understand the specificities of the financial markets they intend to regulate.While commentary on financial regulation and the global financial crisis abounds, it tends to remain within disciplinary boundaries.

This volume not only brings together scholarship from different areas of law (constitutional and administrative law, EU law, financial law and regulation), but also from a variety of backgrounds (the academy, practice, policy-making) and a number of different jurisdictions.The volume illustrates how interdisciplinary scholarship belongs at the centre of any discussion of the economic crisis, and indeed regulation theory more generally. This is a timely exploration of cutting-edge issues of financial regulation.

Introduction Wolf-Georg Ringe and Peter M Huber

Part I The Constitution

The Rescue of the Euro and its Constitutionality Peter M Huber

Democracy in the Eurozone Pavlos Eleftheriadis

Debt Limits in Constitutional Law: The 'Debt Brake' Gregor Kirchhof

Debt Limits in German Constitutional Law - A UK Perspective John McEldowney

Part II Europe

Why the ECB Cannot Save the Euro Paul Yowell

A Governance Crisis? Treaty Change, Fiscal Union and the ECB Christoph Ohler

State Aid and the Financial Crisis Conor Quigley

State Aid for Banks in the Financial Crisis: The Commission's New and Stronger Role Thomas Ackermann

Part III Regulation

10.

Comparing Apples and Oranges? Public, Private, Tax, and Criminal Law Instruments in Financial Markets Regulation Alexander Hellgardt

11.

Regulatory Choice: Observations on the Recent Experience With Corrective Taxes in the Financial Sector John Vella

12.

Banking Special Resolution Regimes as a Governance Tool Gustaf Sjoberg

13.

Special Resolution Regimes for Banking Institutions: Objectives and Limitations Christos Hadjiemmanuil

Part IV The Limits of Legal Regulation

14.

The Limits of Legal Regulation - Will the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union Have a Real Legal Effect? Rudolf Streinz

15.

The European Public Debt Crisis and the Institutional Framework of the Monetary Union: Experience and Adjustments Franz-Christoph Zeitler