EU Banking Union and the Single Supervisory Mechanism
Samenvatting
This authoritative new book presents a comprehensive analysis of the role of the Single Supervisory Mechanism (SSM) in the EU Banking Union. It explores the SSM’s principal objective to foster secure credit institutions and a stable financial system, through prudential supervision competences between the European Central Bank and relevant member states.
Key Features:
• Analyses the substantive and procedural law applied by the European Central Bank under the SSM, with particular reference to the use of national law
• Describes the constitutional foundations of the SSM and its material limitations, as well as the allocation of tasks within the SSM
• Highlights the importance of a level playing field and proportionality in EU banking structures, and how these should be adequately balanced
• Provides guidance on the effective interpretation of the SSM, especially in situations of disputed interpretation or the clashing of policies and principles both regarding sanctioning and supervisory proceedings
EU Banking Union and the Single Supervisory Mechanism is a crucial resource for practitioners in European law and finance and banking law, as well as public servants, industry specialists and policymakers in the banking and financial sectors. Scholars and students in these fields will also benefit from its valuable insights.
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Inhoudsopgave
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Preface
Introductory remarks on the Single Supervisory Mechanism (SSM)
PART I SSM ORIGINS AND TREATY FOUNDATIONS: SOLID AS A ROCK OR CAPABLE OF BEING CHALLENGED?
1 From European and Monetary Union (EMU) to BU, architecture of the BU
2 Constitutional foundations of the SSM
3 (Potential) Conflicts between ECB competences and Treaty basis
4 Conclusions of Part I
PART II COMPETENCES, TASKS AND PROCEDURES UNDER THE SSM: TACKLING COMPLEXITY IN A COMPOSITE FRAMEWORK
5 Tasks, powers and competences: building distinctions
6 Allocation of tasks within the SSM
7 The substantive and procedural law applied by the ECB under the SSM (with particular reference to the use of national law by the ECB: filling gaps)
8 Distinguishing between supervisory and sanctioning procedures: Is it possible?
9 Conclusions of Part II
PART III CHALLENGES CONCERNING SUPERVISORY AND SANCTIONING PROCEDURES
10 Composite procedures: descriptive and normative criteria
11 Cooperation, coordination and composite procedures in the Banking Union and SSM
12 SSM composite procedures and justiciability
13 Procedural and substantive safeguards in composite procedures
14 Supervisory procedures: common procedures
15 Sanctioning procedures
16 Conclusions of Part III
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