EBI Studies in Banking and Capital Markets Law – serie

Equivalence in Financial Services offers a comprehensive and cross-industry examination of the rules and procedures under EU financial legislation dedicated to third-country market actors. The equivalence regime has become particularly topical after Brexit, as the United Kingdom is now a third country from the perspective of the European Union. This book investigates whether the current equivalence system is fit for its purpose, namely facilitating cross-border finance while minimizing as extensively as possible financial risks. After describing how the European Commission adopts equivalence measures, the book examines the implementation of the equivalence regime for the following entities: Credit Rating Agencies, Benchmarks, Trading Venues, Investment Firms, Investment Funds, Central Securities Depositories, Trade Repositories, and Central Counterparties. Addressing the most recent policy and legal developments, Equivalence in Financial Services provides aninsightful guide into this complex area of financial regulation for scholars of financial regulation, legal practitioners, and policy makers.

Equivalence in Financial Services offers a comprehensive and cross-industry examination of the rules and procedures under EU financial legislation dedicated to third-country market actors. The equivalence regime has become particularly topical after Brexit, as the United Kingdom is now a third country from the perspective of the European Union. This book investigates whether the current equivalence system is fit for its purpose, namely facilitating cross-border finance while minimizing as extensively as possible financial risks. After describing how the European Commission adopts equivalence measures, the book examines the implementation of the equivalence regime for the following entities: Credit Rating Agencies, Benchmarks, Trading Venues, Investment Firms, Investment Funds, Central Securities Depositories, Trade Repositories, and Central Counterparties. Addressing the most recent policy and legal developments, Equivalence in Financial Services provides aninsightful guide into this complex area of financial regulation for scholars of financial regulation, legal practitioners, and policy makers.

The book covers alternative lending using the emergence of Debt Funds in the EU as a case study. The book explores the risks that they can pose to financial stability, and the regulatory and supervisory tools available to mitigate these risks. Through this analysis, the book uncovers the risks and potential risk mitigation tools that can be applied to the alternative lenders–including debt funds and other potential alternative lenders. After identifying the reasons behind the growth of alternative lenders (using as example the assets of Alternative Investment Funds (AIFs) and in particular debt funds) and the simultaneous decrease of the banks’ assets, the book analyses the systemic importance of the alternative lenders and the risk channels through which the systemic risk can spread to the banking sector and the financial system. Then, the book deals with the financial innovation-market failure theory and demonstrates that financial innovations (e.g. debt funds, securitisations) can cause market failures, resulting in regulatory interventions. Of interest to banking and financial regulation academics, researchers, and practitioners this book analyses the regulatory provisions in place for both credit institutions and debt funds, including the Basel Accords, the Capital Requirements Directives and Regulations, and the Alternative Investment Fund Managers Directive (AIFMD) and its implementation in various EU jurisdictions, before offering a proposal for a new three-defensive framework applicable to debt funds and to other potential alternative lenders.

The book covers alternative lending using the emergence of Debt Funds in the EU as a case study. The book explores the risks that they can pose to financial stability, and the regulatory and supervisory tools available to mitigate these risks. Through this analysis, the book uncovers the risks and potential risk mitigation tools that can be applied to the alternative lenders–including debt funds and other potential alternative lenders. After identifying the reasons behind the growth of alternative lenders (using as example the assets of Alternative Investment Funds (AIFs) and in particular debt funds) and the simultaneous decrease of the banks’ assets, the book analyses the systemic importance of the alternative lenders and the risk channels through which the systemic risk can spread to the banking sector and the financial system. Then, the book deals with the financial innovation-market failure theory and demonstrates that financial innovations (e.g. debt funds, securitisations) can cause market failures, resulting in regulatory interventions. Of interest to banking and financial regulation academics, researchers, and practitioners this book analyses the regulatory provisions in place for both credit institutions and debt funds, including the Basel Accords, the Capital Requirements Directives and Regulations, and the Alternative Investment Fund Managers Directive (AIFMD) and its implementation in various EU jurisdictions, before offering a proposal for a new three-defensive framework applicable to debt funds and to other potential alternative lenders.

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 interaction, they are in the regulatory spotlight. The chapters explore sustainability in EU banking and insurance regulation, the interrelationship between systemic risk and sustainability, and the ‘greening’ of EU monetary policy. The third part analyses two projects that have led to huge structural changes in the European financial market architecture over the last decade: the European Banking Union and Capital Markets Union. This transformation has raised numerous legal questions that can only gradually be answered in all their intricacies. In four chapters, this book examines composite procedures, property rights of depositors in banking resolution, preemptive financing arrangements and the phenomenon of subsidiarisation in the context of Brexit. Of interest to academics, policymakers, practitioners, and students in the field of EU financial regulation, banking law, securities law, and regulatory law, this book offers a compilation of analyses on pressing banking and capital markets law problems.

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 interaction, they are in the regulatory spotlight. The chapters explore sustainability in EU banking and insurance regulation, the interrelationship between systemic risk and sustainability, and the ‘greening’ of EU monetary policy. The third part analyses two projects that have led to huge structural changes in the European financial market architecture over the last decade: the European Banking Union and Capital Markets Union. This transformation has raised numerous legal questions that can only gradually be answered in all their intricacies. In four chapters, this book examines composite procedures, property rights of depositors in banking resolution, preemptive financing arrangements and the phenomenon of subsidiarisation in the context of Brexit. Of interest to academics, policymakers, practitioners, and students in the field of EU financial regulation, banking law, securities law, and regulatory law, this book offers a compilation of analyses on pressing banking and capital markets law problems.

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.

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.

Green bond issuance has surged in recent years in response to growing investor appetite and borrowers' needs as they embark on the sustainability transition. The EU leads the way, with over 40% of all sustainable bond issuances denominated in euro. The EU’s 'Regulation on European Green Bonds and optional disclosures for bonds marketed as environmentally sustainable and sustainability-linked bonds’ is the first comprehensive legislative text covering such issuance, and a cornerstone of EU’s Sustainable Finance strategy. This book explores in an interdisciplinary way the challenges and opportunities of green bonds and sustainable finance from a legal, regulatory and economic perspectives. First, it analyses green bonds as a new financial instrument in the context of the existing capital markets law. Second, it studies green bond impact on the market and on investor protection. Third, it assesses green bonds’ relevance for prudential supervision and central banking. The variety of viewpoints ensures a highly comprehensive analysis of green bonds’ impact in a European and global context.

Green bond issuance has surged in recent years in response to growing investor appetite and borrowers' needs as they embark on the sustainability transition. The EU leads the way, with over 40% of all sustainable bond issuances denominated in euro. The EU’s 'Regulation on European Green Bonds and optional disclosures for bonds marketed as environmentally sustainable and sustainability-linked bonds’ is the first comprehensive legislative text covering such issuance, and a cornerstone of EU’s Sustainable Finance strategy. This book explores in an interdisciplinary way the challenges and opportunities of green bonds and sustainable finance from a legal, regulatory and economic perspectives. First, it analyses green bonds as a new financial instrument in the context of the existing capital markets law. Second, it studies green bond impact on the market and on investor protection. Third, it assesses green bonds’ relevance for prudential supervision and central banking. The variety of viewpoints ensures a highly comprehensive analysis of green bonds’ impact in a European and global context.

This second edition brings together the views of expert academics and practitioners on the latest regulatory developments in sustainable finance in Europe and includes 5 new chapters on sustainable remuneration, reporting, lending, green monetary policy and ESG. The volume includes a wide range of cutting-edge issues, which relate to three main themes along which the volume is structured: (1) corporate governance; (2) monetary policy and financial stability ; and (3) financial markets. With individual contributions deploying different methods of analysis, including theoretical contributions on the status quo of macro-financial research as well as law and economics approaches, the collection encourages interdisciplinary readership and will appeal to those researching capital markets law, European financial law, and sustainable finance, as well as practitioners within the finance industry.

This second edition brings together the views of expert academics and practitioners on the latest regulatory developments in sustainable finance in Europe and includes 5 new chapters on sustainable remuneration, reporting, lending, green monetary policy and ESG. The volume includes a wide range of cutting-edge issues, which relate to three main themes along which the volume is structured: (1) corporate governance; (2) monetary policy and financial stability ; and (3) financial markets. With individual contributions deploying different methods of analysis, including theoretical contributions on the status quo of macro-financial research as well as law and economics approaches, the collection encourages interdisciplinary readership and will appeal to those researching capital markets law, European financial law, and sustainable finance, as well as practitioners within the finance industry.

This book offers a holistic approach to the level playing field concept that takes into account six regulatory objectives of the European financial services regulatory framework for banks and non-banks. These intermediate objectives are: (i) facilitating market access by non-banks to provide payment services; (ii) safeguarding the security of the payments market; (iii) safeguarding the integrity of the payments market; (iv) enhancing consumer protection in case of an unauthorised or erroneous payments; (v) allowing non-banks access to payment systems; and (vi) facilitating collaboration between competing payment service providers to develop standards for the payments market that reflect the interests of both banks and non-banks. The book discusses the rules and regulations covering these intermediate objectives to determine the extent to which there is a level playing field between banks and non-banks. In addition, the book provides high-level summaries of competition law requirements and related case law, and will be of interest to researchers, academics, and financial law practitioners.

This book offers a holistic approach to the level playing field concept that takes into account six regulatory objectives of the European financial services regulatory framework for banks and non-banks. These intermediate objectives are: (i) facilitating market access by non-banks to provide payment services; (ii) safeguarding the security of the payments market; (iii) safeguarding the integrity of the payments market; (iv) enhancing consumer protection in case of an unauthorised or erroneous payments; (v) allowing non-banks access to payment systems; and (vi) facilitating collaboration between competing payment service providers to develop standards for the payments market that reflect the interests of both banks and non-banks. The book discusses the rules and regulations covering these intermediate objectives to determine the extent to which there is a level playing field between banks and non-banks. In addition, the book provides high-level summaries of competition law requirements and related case law, and will be of interest to researchers, academics, and financial law practitioners.

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.

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.

This book looks at the new phenomenon of Central Bank Digital Currency (CBDC) with a focus on the launch of the Digital Euro in the European Union. It contains treatment of the subject of CBDC from various perspectives, with each of the authors formulating viewpoints regarding this new phenomenon. It also offers an insightful assessment of the legal status of a central bank digital currency, engaging in the theoretical effort of testing the legal implications of the birth of a digital complement to cash. The chapters focus on the rationale for a digital Euro, its ability to aid financial inclusion, the constitutional foundations of the CBDC, demands of a digital euro on the side of the beneficiaries of the retail payment system, and the “mechanics” of the CBDC in relation to its issuance and governance. It will be of interest to financial services, banking, financial regulation, and monetary policy researchers and scholars alongside lawyers and policymakers.

This book looks at the new phenomenon of Central Bank Digital Currency (CBDC) with a focus on the launch of the Digital Euro in the European Union. It contains treatment of the subject of CBDC from various perspectives, with each of the authors formulating viewpoints regarding this new phenomenon. It also offers an insightful assessment of the legal status of a central bank digital currency, engaging in the theoretical effort of testing the legal implications of the birth of a digital complement to cash. The chapters focus on the rationale for a digital Euro, its ability to aid financial inclusion, the constitutional foundations of the CBDC, demands of a digital euro on the side of the beneficiaries of the retail payment system, and the “mechanics” of the CBDC in relation to its issuance and governance. It will be of interest to financial services, banking, financial regulation, and monetary policy researchers and scholars alongside lawyers and policymakers.

This book reflects the outcome of the Single Resolution Board (SRB) Legal Conference, held in Brussels on 6 June 2024. The conference brought together prominent practitioners, globally-renowned academics and high-level judges to exchange views and experiences over legal topics that are of general interest, actuality and pertinence to the European Banking Union and to the Single Resolution Mechanism in particular. Under the theme “Navigating legal frontiers in the EU Banking Union and beyond”, three panels explored the frontiers of the European resolution framework and operational frontiers stemming from national legal specificities in the European Union and beyond. The panel discussions focused on the challenges of resolution transfer tools, including the impact of digitization, the challenges arising from the use of international investment arbitration in resolution as well as the need for a global approach to bank insolvency, in particular for managing the failure of medium and small-sized banks.

This book reflects the outcome of the Single Resolution Board (SRB) Legal Conference, held in Brussels on 6 June 2024. The conference brought together prominent practitioners, globally-renowned academics and high-level judges to exchange views and experiences over legal topics that are of general interest, actuality and pertinence to the European Banking Union and to the Single Resolution Mechanism in particular. Under the theme “Navigating legal frontiers in the EU Banking Union and beyond”, three panels explored the frontiers of the European resolution framework and operational frontiers stemming from national legal specificities in the European Union and beyond. The panel discussions focused on the challenges of resolution transfer tools, including the impact of digitization, the challenges arising from the use of international investment arbitration in resolution as well as the need for a global approach to bank insolvency, in particular for managing the failure of medium and small-sized banks.

This book examines how the European bank recovery and resolution framework shapes bank governance and decision‑making, and how a clear and credible institutional regime for bank failure can strengthen banks’ resilience. It analyses the effects of the current resolution framework on bank governance by focusing on the ex‑ante expectations it creates for bank decision‑makers. Addressing a gap in the literature, the book shows how the new resolution regime for ailing banks has the potential to improve both the quality of bank governance and institutional resilience. However, the analysis reveals that such a potential is not fully exploited because of the complexity and the lack of credibility of the resolution framework. Finally, it identifies areas for further regulatory intervention, particularly in fine‑tuning debt governance within the resolution framework, with a view to further enhancing bank governance. The book will be of interest to scholars, instructors, and policymakers working in financial regulation, banking regulation, and financial law.

This book explores the untapped potential of securitisation to support sustainability goals. While environmental, social, and governance (ESG) considerations are increasingly integrated into securitisation structures, the market remains far less developed than other sustainable finance instruments like green bonds and loans.In the absence of a dedicated framework, market participants have independently labeled these transactions as ‘sustainable’, raising concerns about legal certainty and greenwashing risks.Against this background, the book examines how securitisation can meaningfully contribute to the sustainability agenda. It maps the features that can make securitisations sustainable and provides the first comprehensive analysis of the rules governing these transactions. Central to this is the concept of ‘focal points’: strategic elements that can serve as leverage for legal interventions promoting sustainability.  By situating securitisation within the broader sustainable finance debate, the book argues for a more coherent legal framework, shaped by financial industry bodies and EU regulators.