Full Description
The relationship between EU and national law has taken up new forms and dimensions in the context of EU financial legislation. The wide reforms introduced in the EU financial architecture over the past years raised new issues and opened new perspectives, stimulating paramount discussions and debates that are far from being settled. Issues concerning the interplay between EU and national law relate to all the dimensions of EU financial legislation: the principles and solutions that are consolidating in this area are also likely to set the standard within other fields of EU policy and legislation. Considering, for example, legal sources, the need to foster higher levels of harmonisation among the legislations of member states needs to be balanced against the complex mechanism of options and discretions, as well as with the application of the principle of proportionality embedded in most of the fundamental texts of European financial legislation. Enforcement and institutional interplay are striking examples of the complexities of the new system. The application of traditional principles comes at grips with the continuous effort, by EU institutions and by the European Supervisory Authorities (ESAs), to set the ground for a stronger backbone of common principles for the application of EU legislation. This volume explores these topics in a new, multi-disciplinary perspective, that cuts across all relevant areas of European financial markets law.The relationship between EU and national law has taken up new forms and dimensions in the context of EU financial legislation. The wide reforms introduced in the EU financial architecture over the past years raised new issues and opened new perspectives, stimulating paramount discussions and debates that are far from being settled. Issues concerning the interplay between EU and national law relate to all the dimensions of EU financial legislation: the principles and solutions that are consolidating in this area are also likely to set the standard within other fields of EU policy and legislation. Considering, for example, legal sources, the need to foster higher levels of harmonisation among the legislations of member states needs to be balanced against the complex mechanism of options and discretions, as well as with the application of the principle of proportionality embedded in most of the fundamental texts of European financial legislation. Enforcement and institutional interplay are striking examples of the complexities of the new system. The application of traditional principles comes at grips with the continuous effort, by EU institutions and by the European Supervisory Authorities (ESAs), to set the ground for a stronger backbone of common principles for the application of EU legislation. This volume explores these topics in a new, multi-disciplinary perspective, that cuts across all relevant areas of European financial markets law.
Contents
Chapter 1: The principle of proportionality as an area of national discretion.- Chapter 2: Options and Discretions under the Capital Requirements Directive IV.- Chapter 3: The application of National Law by the ECB.- Chapter 4: The Corneli Case and the Application of National Law by the European Central Bank.- Chapter 5: Banking Resolution and Crisis Management Framework between National and EU Law Chapter 6: The Markets in Financial Instruments Directive and the UK's Goldplating in the Retail Distribution Review.- Chapter 7: The role of National Law in the regulation of PRIIPs.- Chapter 8: Public Offerings and the role of National Law after the Prospectus Regulation.- Chapter 9: The role of National Law in the regulation of investment funds.- Chapter 10: The Market Abuse Regulation and the Residual Role of National Law.- Chapter 11: Proportionality as a Guiding Principle for Administrative Sanctions in the EBU and in the ESFS.- Chapter 12: The power of the ECB to request NCAs to open sanctioning proceedings.- Chapter 13: The Vertical Interplay between the EU and the National Level in the Critical Area of SSM Sanctions.- Chapter 14: EU's anti-money laundering and countering the financing of terrorism (AML/CFT) rules.- Chapter 15: Two (provocative) ideas for a test case: An EU hybrid court for private law disputes in the law of finance, and how.
