scholarly journals COVID-19, the European Health Union and the CJEU: Lessons from the Case Law on the Banking Union

2020 ◽  
Vol 11 (4) ◽  
pp. 781-789
Author(s):  
Oliver BARTLETT
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Issues ◽  
Banking Union ◽  
The European Union ◽  
Health Issues ◽  
European Banking Union ◽  
European Banking ◽  
European Health ◽  
Health Field

This contribution will draw on the literature that has accumulated on how the Court of Justice of the European Union (CJEU) has responded to the European Banking Union, which was established in similar crisis circumstances that now face the European Union (EU) in the age of COVID-19, to illustrate the legal issues on which the CJEU’s input will be particularly important in the shaping of any future European Health Union. This contribution will highlight three legal issues in particular: the interpretation of EU Treaty provisions in the health field; the scope of EU competence; and the powers of EU institutions and agencies. This contribution will argue that the CJEU case law to date on health issues is encouraging with respect to competence and agencies, but more cautious with respect to the Treaty’s health provisions.

Der Einheitliche Aufsichtsmechanismus bei der Europäischen Zentralbank (Single Supervisory Mechanism)

2019 ◽  
Author(s):  
Erol Gören
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Financial Markets ◽  
Financial Supervision ◽  
Banking Union ◽  
The European Union ◽  
Single Supervisory Mechanism ◽  
European Banking Union ◽  
European Banking ◽  
Economic And Financial Crisis

At least since the onset of the economic and financial crisis in 2007, grave deficits of the institutional supervisory structure of the European Union have been revealed. Despite the global interdependence of the financial markets, it was characterized by a material and procedural supervision usually ending at the respective borders of the member states that reached its limits with respect to transnational cases in particular. The result of numerous reform discussions was the implementation of the Single Supervisory Mechanism (SSM) which, at the same time, constitutes the key element of the European Banking Union. This dissertation particularly analyses the implementation act underlying the SSM, its organisation and its functions and competences, while at the same time offering a synopsis of the structure of European financial supervision.

scholarly journals The missing European Deposit Insurance Scheme

2020 ◽  
pp. 151
Author(s):  
Pery Bazoti
Keyword(s):  
Euro Area ◽  
Deposit Insurance ◽  
Banking System ◽  
Banking Union ◽  
The European Union ◽  
Risk Minimization ◽  
Insurance Scheme ◽  
European Banking Union ◽  
European Banking

The European Banking Union embarked as a highly ambitious project of the European Union as a response to the signifi cant fl aws and weaknesses in the original architecture of the European Monetary Union that became apparent during the economic crisis. However, the establishment of a single European banking system has stumbled upon the creation of a common deposit insurance scheme that could safeguard depositors and create a more stable fi nancial framework in the euro area. The European Deposit Insurance Scheme (EDIS) was fi rstly introduced by the European Commission in 2015. As a bold proposal that comprises wide risk mutualization among the euro area member states, it has spurred a vivid discussion in the European public speech and many proposals have been made since then altering its original planning in an effort to tackle the moral hazard concerns that have risen. The present article, after discussing the reasons that keep obstructing EDIS, presents these suggestions that move around, primarily, the role of the national deposit guarantee schemes. However, as highlighted in the article, before moving to any alterations on the structure and role of a proposed common deposit insurance scheme, signifi cant risk minimization on behalf of the national banking systems, must precede by limiting the sovereign exposures of banks and the size of the Non-Performing Loans. Such steps of risk minimization are critical for addressing concerns and the political unwillingness demonstrated by several European countries in moving forward towards deeper integration.

PREVIOUS EXPERIENCES ON THE ESTABLISHMENT AND DEVELOPMENT OF THE EUROPEAN BANKING UNION

2020 ◽  
Author(s):  
Zsófia Kenesey ◽  
◽  
László Pataki ◽  
Keyword(s):  
Banking Union ◽  
The European Union ◽  
Working Paper ◽  
European Banking Union ◽  
Guarantee System ◽  
European Banking ◽  
Institutional System ◽  
The Individual ◽  
Single Rulebook ◽  
The Eu

The De Larosiére report initiating the establishment of the financial system of the European Union was published in the year following the global economic crisis of 2008, on 25 February 2009. Already in June of this year, the European Council accepted a document known as the Single Rulebook, which contains common rules related to the financial sector of the EU, however, the real break-through was achieved with the working paper accepted by the European Committee in December 2012, which initiated the establishment of the institutional system of the banking union. The individual elements of the system constituted by three pillars have been gradually developed, however, it is still not complete. The single banking supervising system started its operation in November 2014, the resolution mechanism in January 2016, however, the single deposit-guarantee system has not yet been established. The purpose of the study is to present the events of the recent 11 years, during which the currently known institutional system of the banking union was established.

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