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The Legal History of the European Banking Union (1973-2018)

The Legal History of the European Banking Union (1973-2018) PDF Author: Pedro Gustavo Teixeira
Publisher:
ISBN:
Category : Banking law
Languages : en
Pages : 434

Book Description
This dissertation is driven by two research questions. First, what was the role played by European law and institutions in the evolution of the single financial market? Second, how can such evolution explain the creation of the Banking Union, where national competences were ultimately centralised at European level? In order to answer these questions, the dissertation provides the legal history of the Banking Union, starting with the first steps towards a single financial market in 1973 and ending with the creation of the Banking Union in 2013 and its evolution by 2018. The research into this history led to the identification of five phases of market integration. Each phase is characterized by the introduction of distinct legal and institutional innovations - such as the single passport in financial services - aiming at moving forward the integration of the single financial market. Such innovations were often at the boundaries of what could be achieved under the Treaty, while being politically acceptable to Member States. Therefore, the innovations represented in each historical period the outcome of an equilibrium between the expansion of European competences and the safeguarding of national sovereignty. These equilibria remained, however, unstable, as the increasing market integration was not captured by either limited European competences or constrained national sovereignty. Over time, increasing integration led to a build-up of risks, but without a European stabilisation capacity. The risks materialised with the 2007/2008 financial crisis followed by the sovereign debt crisis of the euro area in 2010. Since risk-sharing was excluded in both the single financial market and the Monetary Union, there was a rapid dis-integration process. The soft governance arrangements failed in preventing and managing the crises. The Banking Union then emerged to prevent dis-integration by centralising executive competences, with many legal and institutional implications for European integration. It stopped, however, short of introducing risk-sharing among Member States, despite the significant distributional effects it is bound to have. Together with concerns about the democratic legitimation of such effects, this is the main challenge to its future.

The Legal History of the European Banking Union (1973-2018)

The Legal History of the European Banking Union (1973-2018) PDF Author: Pedro Gustavo Teixeira
Publisher:
ISBN:
Category : Banking law
Languages : en
Pages : 434

Book Description
This dissertation is driven by two research questions. First, what was the role played by European law and institutions in the evolution of the single financial market? Second, how can such evolution explain the creation of the Banking Union, where national competences were ultimately centralised at European level? In order to answer these questions, the dissertation provides the legal history of the Banking Union, starting with the first steps towards a single financial market in 1973 and ending with the creation of the Banking Union in 2013 and its evolution by 2018. The research into this history led to the identification of five phases of market integration. Each phase is characterized by the introduction of distinct legal and institutional innovations - such as the single passport in financial services - aiming at moving forward the integration of the single financial market. Such innovations were often at the boundaries of what could be achieved under the Treaty, while being politically acceptable to Member States. Therefore, the innovations represented in each historical period the outcome of an equilibrium between the expansion of European competences and the safeguarding of national sovereignty. These equilibria remained, however, unstable, as the increasing market integration was not captured by either limited European competences or constrained national sovereignty. Over time, increasing integration led to a build-up of risks, but without a European stabilisation capacity. The risks materialised with the 2007/2008 financial crisis followed by the sovereign debt crisis of the euro area in 2010. Since risk-sharing was excluded in both the single financial market and the Monetary Union, there was a rapid dis-integration process. The soft governance arrangements failed in preventing and managing the crises. The Banking Union then emerged to prevent dis-integration by centralising executive competences, with many legal and institutional implications for European integration. It stopped, however, short of introducing risk-sharing among Member States, despite the significant distributional effects it is bound to have. Together with concerns about the democratic legitimation of such effects, this is the main challenge to its future.

The Legal History of the European Banking Union

The Legal History of the European Banking Union PDF Author: Pedro Gustavo Teixeira
Publisher:
ISBN: 9781509940653
Category : Banking law
Languages : en
Pages : 0

Book Description
How was the Banking Union, the most advanced legal and institutional integration in the single market, created? How does European law impact European integration? To answer these questions, this book provides a sweeping account of the evolution of European law. It identifies five integration periods of the single financial market, intertwined with the development of global finance, from its origins, through its expansion and crisis, to the Banking Union. Each period is defined by innovations to deepen integration, such as the single passport for financial services, soft governance and comitology, agencies, or a single rulebook. Providing a far-reaching explanation of the legal and institutional rationality of the European Banking Union, this book demonstrates that the Banking Union is not an accident of history or simply the product of the existential crisis of the Monetary Union. It has deep roots in the evolutionary process of European law and its drive towards supranational integration. -- Introduction -- 1. Integration through Harmonisation (1973-1984) -- 2. Integration through Competition (1985-1997) -- 3. Integration through Governance (1998-2007) -- 4. (Dis-)Integration through Crisis (2008-2012) -- 5. Integration through Centralisation: The Banking Union (2013-... ) -- 6. Unlocking the Past and Future of the Banking Union. Published version of EUI PhD thesis, 2019.

The Legal History of the European Banking Union

The Legal History of the European Banking Union PDF Author: Pedro Gustavo Teixeira
Publisher: Bloomsbury Publishing
ISBN: 1509940642
Category : Law
Languages : en
Pages : 391

Book Description
How was the Banking Union, the most advanced legal and institutional integration in the single market, created? How does European law impact European integration? To answer these questions, this book provides a sweeping account of the evolution of European law. It identifies five integration periods of the single financial market, intertwined with the development of global finance, from its origins, through its expansion and crisis, to the Banking Union. Each period is defined by innovations to deepen integration, such as the single passport for financial services, soft governance and comitology, agencies, or a single rulebook. Providing a far-reaching explanation of the legal and institutional rationality of the European Banking Union, this book demonstrates that the Banking Union is not an accident of history or simply the product of the existential crisis of the Monetary Union. It has deep roots in the evolutionary process of European law and its drive towards supranational integration.

Controlling Credit

Controlling Credit PDF Author: Eric Monnet
Publisher: Cambridge University Press
ISBN: 1108415016
Category : Business & Economics
Languages : en
Pages : 353

Book Description
Monnet analyzes monetary and central bank policy during the mid-twentieth century through close examination of the Banque de France.

The Cambridge History of the European Union: Volume 1, European Integration Outside-In

The Cambridge History of the European Union: Volume 1, European Integration Outside-In PDF Author: Mathieu Segers
Publisher: Cambridge University Press
ISBN: 1108802079
Category : History
Languages : en
Pages : 815

Book Description
Volume I considers the history of the European Union from an outside-in perspective, evaluating which outside forces shaped and guided the process of European integration. Taking an innovative, thematic approach, this volume will be of interest to students and researchers of European integration.

Europe in 12 Lessons

Europe in 12 Lessons PDF Author: Pascal Fontaine
Publisher:
ISBN: 9789279535901
Category : Europe
Languages : en
Pages : 114

Book Description


Deciphering the European Investment Bank

Deciphering the European Investment Bank PDF Author: Lucia Coppolaro
Publisher: Taylor & Francis
ISBN: 1000596370
Category : History
Languages : en
Pages : 322

Book Description
Deciphering the European Investment Bank: History, Politics and Economics examines the European Investment Bank (EIB), the European Union’s financial institution and the largest lender and borrower among the International Financial Institutions. Since its establishment in 1958, the EIB has developed without becoming front-page news and has remained highly invisible. By putting together 14 chapters that analyze topical and meaningful moments and aspects of the bank, this edited book offers the first comprehensive analysis of its origins and its evolution in terms of its mandate, governance, structures, policy activity, and performance. Written by acknowledged experts from various disciplines, the chapters weave together history, economics, law, and political science to provide a multidisciplinary examination and capture the complexity of the EIB. The book is a timely initiative for understanding the EIB, whose role has been ever increasing for contributing to the recent global economic challenges, including the economic and financial crisis, climate change, and COVID-19 pandemic. The chapters are written at a level which will be comprehensible to undergraduates in economics, history, and international political economy. It will also be a valuable source of reference for academics, policy makers, bankers, and other practitioners interested in regional development banks and their role in the global economy.

A `Social Turn’ in the European Union?

A `Social Turn’ in the European Union? PDF Author: Jacek Kubera
Publisher: Routledge
ISBN: 1000050718
Category : Political Science
Languages : en
Pages : 226

Book Description
Social Europe is a key topic in the construction of the EU and its institutions. This volume examines the current state of, and perspectives for, Social Europe, as well as key issues in European social policy, including the posting of workers, the impact of the free market and regulations on social convergence, work automation, digitalisation, taxation and democracy in the workplace. The aim of this volume is to identify a course to be followed in integrating the EU’s social policies and point to areas in which co-operation between member states is likely to produce best results. While a Social Europe was previously seen to be a natural consequence of political and economic integration, it is now viewed as a separate area that requires active policies to preserve the European project. The EU’s big question today concerns the level at which this policy should be pursued: the volume’s contributors outline difficulties with harmonising social policies across the Union, but they nevertheless argue that, owing to the common challenges faced by Europe, the idea of a Social Europe must not be abandoned and requires specific action. The volume consists of 11 chapters written by a variety of expert authors, analysing the idea of a Social Europe and proposing ways in which it could be put into practice. Social policy can no longer be seen as derived from economic policy but rather as a separate driver of development that could be of interest to the northern, southern and eastern states of the EU. Jacek Kubera, PhD, Assistant Professor, Faculty of Sociology, Adam Mickiewicz University in Poznań. Tomasz Morozowski, PhD candidate, Faculty of Political Science and Journalism, Adam Mickiewicz University in Poznań, and analyst at the Poznań Institute for Western Affairs.

European Prudential Banking Regulation and Supervision

European Prudential Banking Regulation and Supervision PDF Author: Larisa Dragomir
Publisher: Routledge
ISBN: 1135149917
Category : Business & Economics
Languages : en
Pages : 583

Book Description
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.

Governing Europe in a Globalizing World

Governing Europe in a Globalizing World PDF Author: Laurent Warlouzet
Publisher: Routledge
ISBN: 1351747401
Category : Political Science
Languages : en
Pages : 317

Book Description
The complex relationship between globalization and European integration was largely shaped in the 1970s. During this decade, globalization began, for the first time, to threaten Western European prosperity. Using an innovative approach, the book shows how western Europeans coped with the challenges of globalization during a time of deep economic crisis during the period 1973-1986. It examines the evolution of economic and social policies at the national, European and global level and expands beyond the European Economic Community (EEC) by analysing the various solutions envisaged by European decision-makers towards regulating globalization, including the creation of the Single Market. Based on extensively examined archives of transnational actors, international organizations and focusing on the governments of France, Germany and the UK, as well as the European Commission, the book uncovers deep, previously unknown, economic divisions among these actors and the roles they played in the success of the EEC. This book will be of key interest to students, scholars and practitioners of political science, European studies, history, comparative politics, public policy and economic history.