Full Description
This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.Examining EU law and the law of several current EU member states, one former EU member state, and the US, expert contributors consider the level of coordination between financial regulation and civil liability achieved throughout different sectors of financial services and activities, such as payments, credit, and securities, as well as among the various actors involved in public, private, and hybrid enforcement, such as courts, alternative dispute resolution bodies, and financial regulators. Distinguished scholars contribute a variety of perspectives, combining top-down and bottom-up legal comparative analysis, law and economics, and experimentalist governance, in order to outline directions for cross-sector and cross-actor coordination to develop more fully at EU and national level. In doing so, they highlight the need to fundamentally rethink the role of civil liability, and private law remedies more generally, as a regulatory and compensatory tool in European financial law.
Scholars across the fields of European and private law, financial regulation and economics will find this book to be an astute and engaging read. It will also prove an indispensable guide for practitioners working in financial regulation and private law throughout the EU and beyond.
Contents
Contents:
Olha O. Cherednychenko and Mads Andenas: Preface
PART I A GENERAL FRAMEWORK
1. Olha O. Cherednychenko: Financial Regulation and Civil Liability in European Law: Towards a More Coordinated Approach?
2. Takis Tridimas: Financial Regulation and Civil Liability: An EU Law Perspective
3. Yane Svetiev: Experimentalism and Civil Liability in Financial Product Regulation: Friends or Foes?
4. Michael G. Faure & Franziska Weber: The Optimal Enforcement Mix in the Financial Sector - A Law and Economics Perspective
PART II CIVIL LIABILITY IN THE FIELDS OF PAYMENTS AND CREDIT
5. Agnieszka Janszuk-Gorywoda: Enforcing Smart: Exploiting Complementarity of Public and Private Enforcement in the Payment Services Directive 2 (PSD2)
6. Reinhard Steennot: Public and Private Enforcement of Consumer and Mortgage Credit Law
PART III CIVIL LIABILITY IN THE SECURITIES FIELD
7. Federico Della Negra: The Regulatory Design and Goals of Civil Liability in EU Securities Regulation after the Global Financial Crisis: Trends and Perspectives
8. Chiara Picciau: The Civil Liability of Credit Rating Agencies to Investors in the EU
9. Francesco De Pascalis: Public Enforcement and the Civil Liability Regime in the European Regulation of Credit Rating Agencies: A Quest for Interplay
10. Marnix W. Wallinga: MiFID I & MiFID II and Private Law: Towards a European Principle of Civil Liability?
11. Antonio Marcacci: Public and Private Enforcement in the Investor Protection Field in the US and the EU: What Kind of Interplay for Europe?
PART IV CIVIL LIABILITY OF FINANCIAL REGULATORS AND ADR ENTITIES
12. Elena Sedano Varo: Technical Standards and CoCo Bonds: A New Avenue for Civil Liability
13. Barbara Warwas: The Privatisation of Consumer Disputes in the EU Financial Sector and the Future of Institutional Arbitral Liability
Index
