Administrative Discretion in U. S. Banking Regulation

IF 1.3 Q1 LAW European Company and Financial Law Review Pub Date : 2022-12-01 DOI:10.1515/ecfr-2022-0024

D. Tarullo

引用次数: 0

Abstract

Abstract 992U.S. banking regulators have considerable discretion in developing and enforcing prudential rules. Regulators have also enjoyed wide discretion in exercising supervisory authority over banks, in order to guard against potential safety and soundness risks that are not covered by the rules. However, recent developments in U.S. administrative law may create some conflict with that broad discretion. Whether or not this conflict comes to pass, a form of judicial review that focuses less on individual supervisory actions, and more on the overall framework within which the supervisory function is carried out, is a more promising way to achieve the administrative law aims of fairness and consistency.

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美国银行业监管中的行政自由裁量权

摘要992U。美国银行业监管机构在制定和执行审慎规则方面拥有相当大的自由裁量权。监管机构在对银行行使监管权方面也享有广泛的自由裁量权，以防范规则未涵盖的潜在安全和稳健风险。然而，美国行政法的最新发展可能会与这种广泛的自由裁量权产生一些冲突。无论这种冲突是否发生，一种不太关注个人监督行为，而更多关注监督职能履行的总体框架的司法审查形式，是实现公平和一致的行政法目标的一种更有希望的方式。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

European Company and Financial Law Review LAW-

CiteScore

1.00

自引率

16.70%

发文量

期刊介绍： In legislation and in case law, European law has become a steadily more dominant factor in determining national European company laws. The “European Company”, the forthcoming “European Private Company” as well as the Regulation on the Application of International Financial Reporting Standards (“IFRS Regulation”) have accelerated this development even more. The discussion, however, is still mired in individual nations. This is true for the academic field and – even still – for many practitioners. The journal intends to overcome this handicap by sparking a debate across Europe on drafting and application of European company law. It integrates the European company law component previously published as part of the Zeitschrift für Unternehmens- und Gesellschaftsrecht (ZGR), on of the leading German law reviews specialized in the field of company and capital market law. It aims at universities, law makers on both the European and national levels, courts, lawyers, banks and other financial service institutions, in house counsels, accountants and notaries who draft or work with European company law. The journal focuses on all areas of European company law and the financing of companies and business entities. This includes the law of capital markets as well as the law of accounting and auditing and company law related issues of insolvency law. Finally it serves as a platform for the discussion of theoretical questions such as the economic analysis of company law. It consists of articles and case notes on both decisions of the European courts as well as of national courts insofar as they have implications on European company law.