Constitutional Issues Of The Banking Union Between European Law And National Legal Orders
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| Author | : Lorenzo Cuocolo |
| Publisher | : |
| Total Pages | : 41 |
| Release | : 2015 |
| Genre | : |
| ISBN | : |
European history has always been characterized by a strong link between banks and States and, more generally, between banks and politics. National banking systems, therefore, have always been one of the forms of expression of sovereignty.This setting is seriously called into question by the Banking Union project, which has been recently implemented in Europe. Given the importance of the issue, this should be studied not only from the perspective of economics and regulatory studies, but also from the perspective of constitutional law.The paper is divided into eleven parts. The first part aims at reconstructing the historical and economic conditions that have led to design a project of Banking Union.The second part highlights the regulatory asymmetry between euro-area countries and non-euro-area countries. While, in fact, some institutions (such as the EBA) operate across the whole Europe, the Banking Union concerns only those countries that have adopted the euro as their currency.
| Author | : Koen Lenaerts |
| Publisher | : Oxford University Press |
| Total Pages | : 928 |
| Release | : 2021-12-17 |
| Genre | : Law |
| ISBN | : 019259236X |
This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
| Author | : Stefan Grundmann |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 393 |
| Release | : 2019-01-24 |
| Genre | : Law |
| ISBN | : 1509907564 |
In 2012, at the height of the sovereign debt crisis, European decision makers pushed for developing an 'ever closer union' with the formation of a European Banking Union (BU). Although it provoked widespread debate, to date there has been no coherent discussion of the political and constitutional dimensions of the European Banking Union. This important new publication fills this gap. Drawing on the expertise of recognised experts in the field, it explores banking union from legal, economic and political perspectives. It takes a four-part approach. Firstly, it sets the scene by examining the constitutional foundations of banking union. Then in parts 2 and 3, it looks at the implications of banking union for European integration and for democracy. Finally it asks whether banking union might be more usefully regarded as a trade-off between integration and democracy. This is an important, timely and authoritative collection.
| Author | : Patrick Birkinshaw |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 402 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 9041131523 |
In June 2009 the Institute of European Public Law of the University of Hull assembled a range of experts in relevant fields to offer papers and reach some consensus on what has been achieved in the EU legal order and what the future holds for that order given local tensions and global uncertainty.
| Author | : Klaus-Dieter Borchardt |
| Publisher | : Office for Official Publications of the European Communities |
| Total Pages | : 140 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : |
Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.
| Author | : Allan Rosas |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 367 |
| Release | : 2018-05-17 |
| Genre | : Law |
| ISBN | : 150990915X |
The third edition of this acclaimed book continues the story of the EU's constitutional journey. The EU's constitution, composed of myriad legal texts, case law and practice, is no less of a moving target than before and the pace of change has, if anything, increased since the publication of the second edition. In a constantly challenging geopolitical context, the EU faces unprecedented political, economic and cultural trials, all of which impact upon the evolution of its constitution. In particular, the migration crisis has given rise to the need for substantial revision of the chapter dealing with the area of freedom, security and justice, and the institutional reforms embarked upon in the quest to restore financial order have taken a more structured form following the inception of a European banking union. Fully updated to include the ramifications of Brexit, the book succeeds – where others have struggled – in making sense of the EU's complex constitutional order, focusing on its essential features but taking into account the profound changes that have taken place over the past 20 years. The EU has become much more than an internal economic market. Recently it may even be argued that the focus of action has been in areas such as immigration and third-country nationals, security and defence policy, and penal law and procedure, and the work towards creating a European banking union underlines the continued need to monitor economic and fiscal policy. Eschewing too much detail, the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy. In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights and the rule of law. The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities. The book will be useful to students of EU law and European integration but will also appeal to a broader audience of researchers and practitioners, including political scientists.
| Author | : Peter M. Huber |
| Publisher | : Richard Boorberg Verlag |
| Total Pages | : 207 |
| Release | : 2014-06-27 |
| Genre | : Law |
| ISBN | : 3415050343 |
Die Reihe "Münchener Reden zur Europäischen Integration" widmet sich einzelnen Vorträgen und Tagungen, die sich mit den verfassungsrechtlichen Grundlagen der Europäischen Integration in den Mitgliedstaaten, den Strukturen des Unionsrechts und der Europäisierung des nationalen öffentlichen Rechts befassen. In dieser Reihe erscheinen auch die Dokumentationen der seit 2007 regelmäßig stattfindenden "Münchener Kolloquien zum Öffentlichen Wirtschaftsrecht", die ebenso wie eine Vortragsreihe von der Forschungsstelle für das Recht der Europäischen Integration an der Juristischen Fakultät der Ludwig-Maximilians-Universität München veranstaltet werden.
| Author | : Robert Schütze |
| Publisher | : Cambridge University Press |
| Total Pages | : 539 |
| Release | : 2012-04-05 |
| Genre | : Law |
| ISBN | : 1107376033 |
The European Union has existed for over half a century. Having started as the 'Europe of the Six' in a specific industrial sector, the Union today has twenty-seven Member States and acts within almost all areas of social life. The Union's constitutional structures have evolved in parallel with this immense growth. Born as an international organisation, the Union has developed into a constitutional Union of States. This textbook analyses the constitutional law of the European Union after Lisbon in a clear and structured way. Examining the EU through a classic constitutional perspective, it explores all the central themes of the course: from the history and structure of the Union, the powers and procedures of its branches of government, to the rights and remedies of European citizens. A clear three-part structure and numerous illustrations will facilitate understanding. Critical and comprehensive, this is required reading for all students of European constitutional law.
| Author | : René Smits |
| Publisher | : Eleven International Publishing |
| Total Pages | : 67 |
| Release | : 2003 |
| Genre | : Banks and banking, Central |
| ISBN | : 9077596011 |
The author provides a thought-provoking account of the role of the European Central Bank (ECB) in the European constitutional order. He briefly outlines the history of the debate on the future of European governance and examines the current constitutional position of the ECB. He then sets out what the application is of general Community law to the ECB, and the current proposals for constitutional change, both in the application of the Treaty of Nice and in the context of the current constitutional European Convention. He concludes by offering an inspiring contribution to the wider constitutional debate. The text of this book provided the basis for a lecture given by the author on accepting the Jean Monnet Chair of the Law of the Economic and Monetary Union at the Faculty of Law of the University of Amsterdam on 4 June 2003.
| Author | : Pedro Gustavo Teixeira |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 288 |
| Release | : 2020-12-24 |
| Genre | : Law |
| ISBN | : 1509940634 |
How was the Banking Union, the most advanced legal and institutional integration in the single market, created? How does European law impact European integration? To answer these questions, this book provides a sweeping account of the evolution of European law. It identifies five integration periods of the single financial market, intertwined with the development of global finance, from its origins, through its expansion and crisis, to the Banking Union. Each period is defined by innovations to deepen integration, such as the single passport for financial services, soft governance and comitology, agencies, or a single rulebook. Providing a far-reaching explanation of the legal and institutional rationality of the European Banking Union, this book demonstrates that the Banking Union is not an accident of history or simply the product of the existential crisis of the Monetary Union. It has deep roots in the evolutionary process of European law and its drive towards supranational integration.
