The first Panel of the SRB Legal Conference, moderated by Pedro Machado (SRB Board Member), focused on the interplay between resolution and national corporate/insolvency law.
SRB 法律会议的第一个小组讨论由 Pedro Machado（SRB 董事会成员）主持，重点讨论了决议与国家公司法/破产法之间的相互作用。
{"title":"Panel I – Bank Resolution and National Corporate/Insolvency Law","authors":"Christos Lamaris-Adamis","doi":"10.15375/zbb-2024-0104","DOIUrl":"https://doi.org/10.15375/zbb-2024-0104","url":null,"abstract":"\u0000 The first Panel of the SRB Legal Conference, moderated by Pedro Machado (SRB Board Member), focused on the interplay between resolution and national corporate/insolvency law.","PeriodicalId":509014,"journal":{"name":"Zeitschrift für Bankrecht und Bankwirtschaft","volume":"877 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139835227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
It is well-established that managing the failure of banks requires a special legal regime. While retaining the specificities of such regime is key to preserve financial stability and more broadly public interest, bank failure proceedings operate in the broader legal infrastructure of a country, where corporate insolvency regimes have a key role. This chapter examines at high-level some institutional, substantive and procedural areas where bank failure proceedings and corporate insolvency frameworks interact.
{"title":"Bank Failure and Corporate Insolvency Law: Similarities and Differences","authors":"Alessandro Gullo, Ender Emre","doi":"10.15375/zbb-2024-0107","DOIUrl":"https://doi.org/10.15375/zbb-2024-0107","url":null,"abstract":"\u0000 It is well-established that managing the failure of banks requires a special legal regime. While retaining the specificities of such regime is key to preserve financial stability and more broadly public interest, bank failure proceedings operate in the broader legal infrastructure of a country, where corporate insolvency regimes have a key role. This chapter examines at high-level some institutional, substantive and procedural areas where bank failure proceedings and corporate insolvency frameworks interact.","PeriodicalId":509014,"journal":{"name":"Zeitschrift für Bankrecht und Bankwirtschaft","volume":"48 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139836182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-15DOI: 10.15375/zbb-2024-frontmatter1
{"title":"Cover","authors":"","doi":"10.15375/zbb-2024-frontmatter1","DOIUrl":"https://doi.org/10.15375/zbb-2024-frontmatter1","url":null,"abstract":"","PeriodicalId":509014,"journal":{"name":"Zeitschrift für Bankrecht und Bankwirtschaft","volume":"376 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139835291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The shift in bank resolution paradigm towards bail-in has repercussions over those who see their sphere of fundamental rights affected by measures adopted in the name of the public good. The EU bank resolution framework is sensitive to these concerns, and seeks to reconcile the private and public interests at stake – at times, a difficult pursuit.
{"title":"The respect of Fundamental Rights in the EU bank resolution legal framework","authors":"Paolo Stancanelli, Alejandro Menéndez Fernández","doi":"10.15375/zbb-2024-0112","DOIUrl":"https://doi.org/10.15375/zbb-2024-0112","url":null,"abstract":"\u0000 The shift in bank resolution paradigm towards bail-in has repercussions over those who see their sphere of fundamental rights affected by measures adopted in the name of the public good. The EU bank resolution framework is sensitive to these concerns, and seeks to reconcile the private and public interests at stake – at times, a difficult pursuit.","PeriodicalId":509014,"journal":{"name":"Zeitschrift für Bankrecht und Bankwirtschaft","volume":"354 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139835535","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This note considers human rights review of resolution decisions and processes – a context in which property rights can be limited or suspended given the operation of resolution decisions, including bail-in and sale decisions – in the context of the UK resolution regime and the relevance of the European Convention on Human Rights (the Convention) and the Charter of Fundamental Rights of the EU (the Charter) following the withdrawal of the UK from the EU. It outlines the UK framework, considers the current approach to rights review, and closes with the implications of the UK withdrawal from the EU on rights review, ex ante and ex post, against the Convention and Charter.
{"title":"Bank Resolution and the European Convention on Human Rights – A Note from the UK","authors":"Niamh Moloney","doi":"10.15375/zbb-2024-0111","DOIUrl":"https://doi.org/10.15375/zbb-2024-0111","url":null,"abstract":"\u0000 This note considers human rights review of resolution decisions and processes – a context in which property rights can be limited or suspended given the operation of resolution decisions, including bail-in and sale decisions – in the context of the UK resolution regime and the relevance of the European Convention on Human Rights (the Convention) and the Charter of Fundamental Rights of the EU (the Charter) following the withdrawal of the UK from the EU. It outlines the UK framework, considers the current approach to rights review, and closes with the implications of the UK withdrawal from the EU on rights review, ex ante and ex post, against the Convention and Charter.","PeriodicalId":509014,"journal":{"name":"Zeitschrift für Bankrecht und Bankwirtschaft","volume":"14 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139775323","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The shift in bank resolution paradigm towards bail-in has repercussions over those who see their sphere of fundamental rights affected by measures adopted in the name of the public good. The EU bank resolution framework is sensitive to these concerns, and seeks to reconcile the private and public interests at stake – at times, a difficult pursuit.
{"title":"The respect of Fundamental Rights in the EU bank resolution legal framework","authors":"Paolo Stancanelli, Alejandro Menéndez Fernández","doi":"10.15375/zbb-2024-0112","DOIUrl":"https://doi.org/10.15375/zbb-2024-0112","url":null,"abstract":"\u0000 The shift in bank resolution paradigm towards bail-in has repercussions over those who see their sphere of fundamental rights affected by measures adopted in the name of the public good. The EU bank resolution framework is sensitive to these concerns, and seeks to reconcile the private and public interests at stake – at times, a difficult pursuit.","PeriodicalId":509014,"journal":{"name":"Zeitschrift für Bankrecht und Bankwirtschaft","volume":"28 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139776061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The second Panel of the SRB’s Legal Conference, moderated by the SRB General Counsel Karl-Philipp Wojcik, focused on the possible interferences between the resolution framework and the protection of fundamental rights as embedded in the EU Charter of Fundamental rights (the Charter) the European Convention on Human Rights (ECHR) and its protocols. The panellists also picked up case law developments regarding those interferences before both the European Court of Justice (ECJ), and the European Court of Human Rights (ECtHR).
{"title":"Panel II – Bank Resolution and Fundamental Rights","authors":"Iris Taleb","doi":"10.15375/zbb-2024-0108","DOIUrl":"https://doi.org/10.15375/zbb-2024-0108","url":null,"abstract":"\u0000 The second Panel of the SRB’s Legal Conference, moderated by the SRB General Counsel Karl-Philipp Wojcik, focused on the possible interferences between the resolution framework and the protection of fundamental rights as embedded in the EU Charter of Fundamental rights (the Charter) the European Convention on Human Rights (ECHR) and its protocols. The panellists also picked up case law developments regarding those interferences before both the European Court of Justice (ECJ), and the European Court of Human Rights (ECtHR).","PeriodicalId":509014,"journal":{"name":"Zeitschrift für Bankrecht und Bankwirtschaft","volume":"304 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139834506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The third Panel of the SRB Legal Conference, moderated by Tuija Taos, focused on various aspects of cross-border bank resolutions and how events have shown that a banking crisis can occur very quickly. There was consensus on the importance of being very well prepared to react with the same speed. Authorities and institutions must have solid plans and always be prepared for the unexpected. This was the first time since 2008 that a global systemically important bank was under severe stress and the resolution framework was put to the test. When facing cross-border bank resolutions, legal regimes need to be credible and workable. There is no doubt that the authorities currently have the necessary powers and tools.
{"title":"Panel III – Cross-Border Bank Resolutions and its challenges","authors":"Yago Fernandez Badia","doi":"10.15375/zbb-2024-0113","DOIUrl":"https://doi.org/10.15375/zbb-2024-0113","url":null,"abstract":"\u0000 The third Panel of the SRB Legal Conference, moderated by Tuija Taos, focused on various aspects of cross-border bank resolutions and how events have shown that a banking crisis can occur very quickly. There was consensus on the importance of being very well prepared to react with the same speed. Authorities and institutions must have solid plans and always be prepared for the unexpected. This was the first time since 2008 that a global systemically important bank was under severe stress and the resolution framework was put to the test. When facing cross-border bank resolutions, legal regimes need to be credible and workable. There is no doubt that the authorities currently have the necessary powers and tools.","PeriodicalId":509014,"journal":{"name":"Zeitschrift für Bankrecht und Bankwirtschaft","volume":"173 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139834759","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article comprehends a very selective analysis of some aspects deemed of extreme relevance to ensure effective cross-border resolution strategies, dealing with global systemically important banks G-SIBS, and also involving financial institutions with no systemic dimension but which operate in multiple jurisdictions. It is discussed, namely, the fact that G-SIBS, as Credit Suisse, and other multi-jurisdictional groups, highlight critical issues of resolution planning when dealing with several jurisdictions. Secondly, this analysis also highlights particular problems in implementing cross-border resolution strategies to be applied to some banking sub-sectors, namely as regards the case study of cooperative banks, which are an important part of the European financial landscape. Thirdly, the article briefly addresses some critical issues of bail-in when dealing with private actors from different jurisdictions. This overall analysis starts from a critical discussion of the financial turmoil of March 2023, debating if this might have affected the relevance and credibility of resolution regimes.
{"title":"Cross-Border Bank Resolutions and its Challenges","authors":"Luis Domingos Silva Morais","doi":"10.15375/zbb-2024-0115","DOIUrl":"https://doi.org/10.15375/zbb-2024-0115","url":null,"abstract":"\u0000 This article comprehends a very selective analysis of some aspects deemed of extreme relevance to ensure effective cross-border resolution strategies, dealing with global systemically important banks G-SIBS, and also involving financial institutions with no systemic dimension but which operate in multiple jurisdictions. It is discussed, namely, the fact that G-SIBS, as Credit Suisse, and other multi-jurisdictional groups, highlight critical issues of resolution planning when dealing with several jurisdictions. Secondly, this analysis also highlights particular problems in implementing cross-border resolution strategies to be applied to some banking sub-sectors, namely as regards the case study of cooperative banks, which are an important part of the European financial landscape. Thirdly, the article briefly addresses some critical issues of bail-in when dealing with private actors from different jurisdictions.\u0000 This overall analysis starts from a critical discussion of the financial turmoil of March 2023, debating if this might have affected the relevance and credibility of resolution regimes.","PeriodicalId":509014,"journal":{"name":"Zeitschrift für Bankrecht und Bankwirtschaft","volume":"38 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139775855","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-15DOI: 10.15375/zbb-2024-frontmatter1
{"title":"Cover","authors":"","doi":"10.15375/zbb-2024-frontmatter1","DOIUrl":"https://doi.org/10.15375/zbb-2024-frontmatter1","url":null,"abstract":"","PeriodicalId":509014,"journal":{"name":"Zeitschrift für Bankrecht und Bankwirtschaft","volume":"53 29","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139775516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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