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The Foundations and Future of Financial Regulation
Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being...
Anforderungen an Ratingagenturen zur Vermeidung von Interessenkonflikten: unter besonderer Berücksichtigung der EU-Ratingverordnung
‚Das Schlimmste ist überstanden.’ - Diese Beurteilung der Finanzlage gab im April 2008 der ehemalige Vorstandschef der US-Investmentbank Lehman Brothers, Richard Fuld, ab. Nur fünf Monate später war die Bank mit 158-jähriger Tradition insolvent. Die Ausmaße der Wirtschafts- und Finanzkrise, die sich 2007 abzeichnete, konnte zum damaligen Zeitpunkt kaum ein Beteiligter richtig abschätzen. Heute ist klar, dass Fulds Aussage eine drastische Fehleinschätzung war. Begonnen im Jahr 2006 als Immobilienkrise in den USA, hat die Krise seit Mitte 2008 die Realwirtschaft der gesamten Welt erreicht. Kreditausfälle bei Banken und der Wirtschaft in Milliardenhöhe sowie Vertrauenseinbußen und...
The Governance of Credit Rating Agencies
The global crisis revealed that credit rating agencies (CRAs) are capable of bringing about potential distortions in the financial sector, thereby resulting in a reduction in market confidence which, in turn, influences negotiations and expectations. CRAs need to be held accountable for lack of transparency and inaccurate ratings, however the existing regulatory framework does not secure adequate investor protection. This book provides a new and important contribution to research in the area, at a crucial time in the debate around financial regulation and investment regimes.
Regulating Financial Innovation
This book explores the impact of 'Fintech' on the information asymmetry between the financial regulator and the markets. It details the growing regulatory mismatch and how Fintech exacerbates the “pacing problem”, where the regulator struggles to keep up with innovation. With information as a point of reference, the book adds a new perspective on the latest phenomenon in financial innovation and presents a novel framework for navigating structural changes in the financial sector. Based on this analysis, a number of proposals to reduce the information gap and avoid regulatory mismatch are discussed. Thereby, new and promising regulatory concepts, such as regulatory sandboxes and SupTech applications are also covered. This book provides a practical framework for regulatory responses to financial innovation. It will be relevant to researchers and practitioners interested in financial technology and regulation.
The EU Treaties and Charter of Fundamental Rights: A Commentary
The second edition of The EU Treaties and the Charter of Fundamental Rights: A Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition in 2019. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The fully-updated Commentary considers key developments in all areas of EU law, including the debates and requirements around the Rule of Law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the Eu...
Principles of Banking Regulation
Analyses banking regulation and recent international developments, including Basel IV, bank resolution and Brexit, and their impact on bank governance.
The EU Treaties and the Charter of Fundamental Rights
This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.
Digitalisation, Sustainability, and the Banking and Capital Markets Union
This book covers three topics that have dominated financial market regulation and supervision debates: digital finance, sustainable finance, and the Banking and Capital Markets Union. Within the first part, seven chapters will tackle specific questions arising in digital finance, including but not limited to artificial intelligence, tokenisation, and international regulatory cooperation in digital financial services. The second part addresses one of humanity’s most pressing issues today: the climate crisis. The quest for sustainable finance is driven by political actors and a common understanding that climate change is a severe threat. As financial institutions are a cornerstone of human i...
Financial Regulation and Civil Liability in European Law
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.
Research Handbook on EU Economic Law
p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} This comprehensive Research Handbook analyses and explains the EU’s complex system of economic governance from a legal point of view and looks ahead to the challenges it faces and how these can be resolved. Bringing together contributions from leading academics and top lawyers from EU institutions, this Research Handbook is the first to cover all aspects of the Eurozone’s legal ecosystem, and offers an up-to-date and in depth assessment of the norms and procedures that underpin the EU’s economic, monetary, banking, and capital markets unions.
