European Financial Regulation
by Prof. Dr. Veerle Colaert, Professor Danny Busch, Dr Thomas Incalza
Mirroring the long-established structure of the financial industry, EU financial regulation as we know it today approaches banking, insurance and investment services separately and often divergently. In recent decades however, the clear separation between financial sectors has gradually evaporated, as business lines have converged across sectors and FinTech solutions have emerged which do not fit traditional sector boundaries.As the contours of the traditional tripartition in the financial industry have faded, the diverging regulatory and supervisory treatment of these sectors has become increasingly at odds with economic reality.This book brings together insights developed by distinguished researchers and industry professionals in a series of articles analysing the main areas of EU financial regulation from a cross-sectoral perspective. For each specific research theme – including prudential regulation, corporate governance and conduct of business rules – the similarities, as well as gaps, overlaps and unjustifiable differences between banking, securities and insurance regulation, are clearly presented and discussed. This innovative research approach is aimed at informing lawmakers and policymakers on potential improvements to EU financial regulation whilst also supporting legal and compliance professionals applying the current framework or looking to streamline compliance processes.
Paperback
English
Brand New
Author Biography
Veerle Colaert is Professor of Financial Law at KU Leuven, Belgium, Excellence Initiative Professor at Radboud University Nijmegen, the Netherlands, and chair of the ESMA Stakeholder Group.Danny Busch is Professor of Financial Law and Founding Director of the Institute for Financial Law at Radboud University Nijmegen, the Netherlands, and a Fellow of the Commercial Law Centre, University of Oxford, UK.Thomas Incalza is Postdoctoral FWO Researcher and Visiting Professor of Business and Company Law at KU Leuven, Belgium.
Table of Contents
PART ICONCEPTUAL FRAMEWORK1. Regulating Finance in a Post-Sectoral World: Setting the Scene Veerle Colaert and Danny Busch2. Functioning of the Financial Industry Monika Marcinkowska3. Objectives of Financial Regulation and their Implementation in the European Union Eddy Wymeersch4. FinTech Regulation from a Cross-Sectoral Perspective Eugenia Macchiavello5. A Cross-Sectoral Approach to Regulation and a Twin Peaks System of Supervision: The Netherlands Kitty Lieverse and Victor de SerièrePART IISTABILITY OF THE FINANCIAL SYSTEM6. Regulating Systemic Risk: A Cross-Sectoral Approach Danny Busch and Mirik van Rijn7. A Cross-Sectoral Analysis of Micro-Prudential Regulation Arthur van den Hurk and Bart Joosen8. Corporate Governance 8A. A Cross-Sectoral Analysis of Corporate Governance Provisions: About Forests and Trees Tom Vos, Katrien Morbee, Sofi e Cools and Marieke Wyckaert8B. A Cross-Sectoral Analysis of Remuneration Policy Provisions Guido Ferrarini and Michele Siri8C. Ownership Allocation and Stakeholder Representation in Financial Institutions Carmine Di Noia and Matteo Gargantini9. Resolution Regimes in the Financial Sector: In Need of Cross-Sectoral Regulation? Jens-Hinrich Binder10. Is there a Case for One Cross-Sectoral Compensation Scheme? Veerle Colaert and Gilian Bens11. The Cross-Sectoral Playing Field in Outsourcing Peter LaaperPART IIICONSUMER PROTECTION12. Scope of Protection: Is there a Ground for a Single Criterion? Marc-David Weinberger13. Product Information for Banking, Investment and Insurance Products Veerle Colaert14. Service Quality (Conduct of Business) Rules 14A. Is there a Case for a Cross-Sectoral Duty of Care for the Financial Sector? Veerle Colaert and Maarten Peeters14B. An 'Assist-Your-Customer Obligation' for the Financial Sector? Danny Busch, Veerle Colaert and Geneviève Helleringer15. Conflicts of Interest and Inducements in the Financial Sector Veerle Colaert and Th omas Incalza16. Product Intervention: A Cross-Sectoral Analysis Veerle ColaertPART IVSUPERVISION AND INTERNAL MARKET17. A Holistic Approach to the Institutional Architecture of Financial Supervision and Regulation in the EU Wolf-Georg Ringe, Luis Morais and David Ramos18. What Happens when an EU Financial Institution Crosses Borders? Time for Consistency? Emanuel van PraagPART VSUMMARY AND CONCLUSIONS19. Summary and Conclusions Veerle Colaert and Danny Busch
Review
It is hard to offer criticism, even of the constructive kind, for a book that is so transparent in its aim and succeeds so clearly in achieving it... informative, deep, interesting and a necessary addition for anyone interested in the Law of Finance's 'big', systematic questions. -- David Ramos Muñoz * EU Law Live *
Promotional
Timely collection of essays on EU financial regulation drawing together novel ideas and analysis from across the cross-sectoral model.
Review Quote
"It is hard to offer criticism, even of the constructive kind, for a book that is so transparent in its aim and succeeds so clearly in achieving it... informative, deep, interesting and a necessary addition for anyone interested in the Law of Finance's 'big', systematic questions." -- EU Law Live
Promotional "Headline"
Timely collection of essays on EU financial regulation drawing together novel ideas and analysis from across the cross-sectoral model.
Feature
Unearths the myriad similarities and differences in sectoral financial legislation
Details
