Banking / Finance European Union Law Law

Regulating EU Capital Markets Union Vol. 1: Fundamentals of a European Code

By Rudiger Veil
Oxford University Press March 2024

Specifications

ISBN-13
9780192882660
Publisher
Oxford University Press
Publication
March 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The current framework of EU regulation concerning capital markets is complex and partly inconsistent in the way that it is applied in the various Member States. Through the Capital Markets Union (CMU) project the European Union is pursuing the goal of establishing a true single market for capital in Europe.

Regulating EU Capital Markets Union: Fundamentals of a European Code is the first of a two-volume series proposing the codification of EU legislature as a way to establish this goal. This book analyses all existing capital markets regulation. It explains the idea of codification, looks at the added value of a European Capital Markets Code, discusses key concepts of the current regimes and elaborates on the goals of the future codification act. The work explores the idea that the provisions spread over numerous rulebooks should be brought together in a single legal act in the form of a regulation and organized in a systematic way to reduce complexity thereby facilitating accessibility of capital markets law.

Drawing on the experience of academics from various European countries, this volume discusses possible contents of a European Capital Markets Code, addresses approaches to regulatory reforms and explores the role of private enforcement.

Table of Contents

Part 1: Idea of Codification, Legislative Competencies and Legislative Style
1:The Idea of Codification of European Capital Markets Law, Rüdiger Veil
2:The Draft US Federal Securities Code - Lessons for Codifying EU Capital Markets Law, Azur Coulmas
3:European Capital Markets Code: The Treaty Framework, Jörn Axel Kämmerer
4:The Legislative Style of Codification: the example of compliance within investments firms, Vassilios Tountopoulos
5:Sanctions and Degree of Harmonization, Hans Christoph Grigoleit

Part 2: General Part of a European Securities Code: Regulatory Objectives and Strategies
Section 1: Regulatory Objectives and Strategies
6:Efficient and Properly Functioning Capital Markets - Regulatory Objectives in a European Capital Markets Code, Rüdiger Veil
7:Regulatory Objectives and Strategies: Investor Protection, Mathias Habersack
8:Market Transactions and the Case of Insider Dealing - Drawing the Line between Legal and Illegal Behaviour, Jesper Lau Hansen
9:Regulatory Objectives: Financial Stability, Jacek Jastrzębski
10:Sustainability and ESG Aspects, Birgit Spießhofer
11:Managing the Conflicts Between Regulatory Goals, Jennifer Payne
12: Regulatory Goals in Capital Markets Law - Reflections on the Value of Provisions on Goals in a Codification Act, Marco Ventoruzzo
13:Proportionality in a European Capital Markets Code, Iris H-Y Chiu
Section 2: Basic Concepts
14:Defining 'Securities' in the European Capital Markets Code, Jacek Dybiński and Krzysztof Oplustil
15:DLT-based instruments in the context of securities definitions, Matthias Casper and Patrick Leopold

Part 3: Content of Special Parts
16:Prospectuses: Primary Markets Law in a European Capital Markets Code, Rüdiger Veil
17: Market Abuse - Codifying the Core Elements of the Market Abuse Regime in the MAR and the CRIM-MAD, Morten Kinander
18:The Limits of Including Financial Disclosure Rules in a European Capital Markets Code, Giovanni Strampelli
19:Investment Services, Veerle Colaert
20:Public Takeovers, Andrés Recalde Castells and Martin Winner

Part 4: Conclusion
21:Conclusion, Rüdiger Veil
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