The Resolution of Cross-border Banking Crises in the European Union : A Legal Study from the Perspective of Burden Sharing

Any policy aimed at resolution of a banking crisis determines which constituents - depositors, creditors, shareholders, the banking industry, and society as a whole - eventually bear the costs associated with a banking crisis, thus giving rise to legitimacy and accountability concerns. Rather than what the recent financial crisis has engendered - mostly ad hoc reactions that socialize losses but not profits - what is required, this incisive analysis shows, is an equitable and viable resolution framework, based on burden sharing, enshrined in law, and designed to deal with bank failures in a way that balances private and public interests. The author explores the design, institutional framework, and practical functioning of such a legal regime under EU law. In the process she discusses such issues as the following: the systemic risk of bank failure; exit regimes for failing banks and banking groups; difficulties produced by the increasing cross-border activities and interconnectedness of the banking sector; resolution tools to minimize the losses of the official sector; the role of various authorities in resolving failing banks; the need for resolution authorities to have robust rules and a certain level of discretion; the potential sources of resolution financing; overcoming resistance to burden-sharing arrangements; the integration potential and political drawbacks of the emerging Banking Union; the deposit insurance responsibilities of Member States; European Central Bank monetary policy operations as a burden-sharing mechanism; and the geographic scope of resolution and burden-sharing regimes and implications for non-participating Member States and third countries.

• | Author: Seraina Neva Grünewald
• | Publisher: Kluwer Law International
• | Publication Date: Jan 30, 2014
• | Number of Pages: NA pages
• | Language: English
• | Binding: Hardcover
• | ISBN-10: 9041149090
• | ISBN-13: 9789041149091