European Prudential Banking Regulation and Supervision

The financial market events in 2007-2009 have spurred renewed interest and controversy in debates regarding financial regulation and supervision. This book takes stock of the developments in EU legislation, case law and institutional structures with regards to banking regulation and supervision, which preceded and followed the recent financial crisis. It does not merely provide an update, but anchors these developments into the broader EU law context, challenging past paradigms and anticipating possible developments. The author provides a systematic analysis of the interactions between the content of prudential rules and the mechanisms behind their production and application European Prudential Banking Regulation and Supervision includes discussions of the European banking market structure and of regulatory theory that both aim to circumscribe prudential concerns. It scrutinises the content of prudential norms, proposes a qualification of these norms and an assessment of their interaction with other types of norms (corporate, auditing and accounting, consumer protection, competition rules). It also features an analysis of the underpinning institutional set-up and its envisaged reforms, focusing on the typical EU concerns related to checks and balances. Finally, the book attempts to revive the debate on supervisory liability, in light of the developments discussed. This book will be of great value to all those interested in financial stability matters (practitioners, policy-makers, students, academics), as well as to EU law scholars.

ISBN 041549656X   Pages 448 ISBN13 9780415496568 (What's this?)   Weight (grammes) 802 Publisher Taylor & Francis Ltd   Published in London Imprint Routledge   Series title Routledge Research in Finance and Banking Law Format Hardback   Height (mm) 234 Publication date 29 Mar 2010   Width (mm) 156 DEWEY 346.4082   Academic level Postgraduate, Undergraduate DEWEY edition DC22

		Table of cases
		Introduction		1
Pt. I		European banking at the beginning of the third millennium		9
1		Banking and market structures		11
2		Insights from regulatory theory		38
Pt. II		The normative analysis of prudential issues		63
3		An evolutionary perspective on prudential rules		65
4		The multiple layers of prudential rules		94
5		Substantive aspects of prudential regulation		124
6		The principles characterising the European prudential regulatory regime		152
Pt. III		Institutional aspects of prudential regulation and supervision		183
7		The institutional framework - general aspects		185
8		The European institutional framework for prudential banking regulation		204
9		The European institutional framework for prudential banking supervision		237
10		The way forward		269
Pt. IV		The European dimension of supervisory liability		299
11		The issue of supervisory liability		301
12		The current state of supervisory liability under European law		325
13		Future European scenarios for supervisory liability		348
		Concluding remarks		369
		Bibliography		379
		Tables of legislation and documents		397
		Index		410

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