11 The Role of Deposit Insurance Post Implementation of the EU Recovery, Resolution, and Deposit Guarantee Directives

Author(s):  
LaBrosse John Raymond ◽  
Walker David K

This chapter explores some key provisions of the European Bank Recovery and Resolution Directive (BRRD) and how it relates to deposit protection provided by the European Directive on Deposit Guarantee Schemes (DGS). It explains the structure and roles of the agencies that comprise a financial system safety net and the pertinent features of the arrangements that have been widely adopted. In particular, the chapter considers the provisions of the Directive respecting which agency within the safety net should have responsibility for bank resolutions, the ‘bail-in’ provisions embodied within the Directive, and significant issues that have yet to be addressed fully. In doing so it examines how the EU Directive lines up with work undertaken by the Financial Stability Board (FSB) and the International Association of Deposit Insurers (IADI).

2015 ◽  
Vol 12 (4) ◽  
pp. 867-870
Author(s):  
Łukasz Szewczyk

The aim of this article is to present recent developments on deposit guarantee scheme within the EU. These schemes has changed significantly during the financial crisis, which led to adoption of a directive on deposit guarantee schemes in 2014. A strong emphasis will be put on deposit guarantee schemes financing issues. This is a crucial issue, especially at the time when European Banking Authority is working on methods for calculating contributions to deposit guarantee schemes and its funding model. This model may be an important step in mitigating risks generated by banks and may contribute to financial stability in EU.


2021 ◽  
Vol 24 (4) ◽  
pp. 123-136
Author(s):  
Klaudia Zielińska-Lont

The aim of this paper is to evaluate the potential consequences that the shortcomings in harmonising the national deposit guarantee schemes may have on the financial stability of the European Union. The relevance of this subject is underlined both by the European Commission’s intention to revive the European Deposit Insurance Scheme project in 2021 and the recent signals from Germany that they are willing to support the initiative. The paper presents a review of the discussions on establishing a European Deposit Insurance Scheme, the reasons for the project’s failure and the consensus solution that took the form of the Deposit Guarantee Scheme Directive (DGSD). The limited scope of deposit guarantee scheme harmonisation under this directive is discussed in the context of the related EBA opinions pointing to different areas of potential improvements. Differences in national implementation are also reviewed in terms of their potential impact on financial stability. Apart from a careful literature review, statistical analysis of the available financial information characterizing the largest national deposit schemes of the euro is performed to quantify their progress towards the target level of the available financial means. The results prove that most national schemes are still far from reaching the 0.8% target level of readily available funds and that potentially desirable amendments to the DGSD may drag them even further away from reaching that target by 2024. The author concludes that from the perspective of financial stability, the EU should focus on establishing a single scheme at an international level that would complete the project of establishing a banking union. The results contribute to the ongoing discussion on the need to further integrate the national deposit guarantee schemes inside the EU.


2019 ◽  
Vol 26 (6) ◽  
pp. 833-848
Author(s):  
Mariia Domina Repiquet

This article examines to what extent EU law is effective in preserving global financial stability and, therefore, preventing financial crisis. A difference between macro- and micro-approaches to financial regulation is explained. Whilst the former is concerned with the minimization of systemic risks and maintaining of the financial stability, the latter is focused on the effective regulation of all financial markets’ players, whatever the size of their portfolios. These approaches are the two sides of the same coin, that is limiting the possibility that future financial crises will occur. This paper argues that the effective regulation of investment firms, especially their duty of care, helps to preserve overall financial stability. The choice of the MiFID II as a case study is explained by its appreciation as one of the biggest achievements of EU policymakers in the context of financial law so far. How does a duty to ‘know your customer’ affect global financial stability within the EU? What is the role of soft law in preserving the financial system? These are the questions that this paper seeks to answer.


2017 ◽  
Vol 1 ◽  
pp. maapoc.0000024 ◽  
Author(s):  
Bernard D. Naughton

The EU Falsified Medicines Directive (FMD) mandates the serialisation of prescription-only medicines using a two-dimensional (2D) barcode by pharmaceutical companies and the systematic verification of this 2D barcode in pharmacies. This European directive has ramifications for many stakeholders, including market authorization holders, wholesalers, parallel importers, and dispensers. Focusing primarily on the impact on UK dispensers, the following questions are addressed in this article: Where should the affected medicines be scanned? and who will pay for the incoming changes to practice? The role of the EU FMD in terms of drug recalls, the preparation required for EU FMD compliance, and the potential for added healthcare value are also discussed. Dispensers must prepare for the February 2019 EU FMD deadline date by choosing a point within their dispensing processes to scan medicines. Dispensers must also budget appropriately for the incoming costs associated with new hardware and processes.


2020 ◽  
pp. 147737082093185 ◽  
Author(s):  
Nieke A Elbers ◽  
Sonja Meijer ◽  
Iris M Becx ◽  
Arlette JJG Schijns ◽  
Arno J Akkermans

The role of the victim in the criminal trial process has evolved considerably in recent decades. On a European level, an important driver has been the EU Directive 2012/29/EU, according to which European countries are legally bound to afford certain rights to crime victims. In the Netherlands, the EU Directive has instigated several extensions of existing victims’ rights, and in the Code of Criminal Procedure a separate section has been devoted to the victim. The current study specifically addresses one of the victims’ rights, that is, the right to be legally represented. The Dutch government has financially invested in access to and specialization of victim lawyers in order to promote the realization of victims’ rights, specifically for victims of serious crimes and sex offences. The goal of the current study was to investigate the added value of victim lawyers and the extent to which they contribute to the fulfilment of victims’ rights in the criminal law process. A literature study was conducted to examine legislation pertaining to victims’ rights; a questionnaire study was conducted to investigate the perspective of victim lawyers ( n = 148); and interviews were conducted to examine the perspective of the police, Victim Support Netherlands, Public Prosecuting Service, and criminal courts ( n = 17). The results show that victim lawyers were important to the realization of victims’ rights. They were considered most necessary with respect to the right to claim compensation and with respect to the right to gain access to the case file. They were also required because victims’ rights have not yet been smoothly incorporated into legal practice. In addition, victim lawyers’ presence in the courtroom was considered important because it contributes to victims experiencing that they are taken seriously. It has been concluded that the support of victim lawyers is an important contribution to victim participation in criminal proceedings.


Oryx ◽  
2005 ◽  
Vol 39 (2) ◽  
pp. 132-133 ◽  
Author(s):  
Stephanie Wehnelt ◽  
Roger Wilkinson

Rees (2005) states in his critical review of the EC Zoos Directive that ‘zoos have no incentive to undertake conservation research because they can legitimately ignore this requirement providing they carry out an alternative conservation measure. Zoos therefore can comply with the EU Zoos Directive by doing nothing.’ Zoo conservation took a major step forward when the Council of EC Environment Ministers agreed in 1998 to an EC Zoos Directive to strengthen the conservation role of zoos. The Directive came into force in 1999 and requires that all Member States set up national systems for the licensing and inspection of zoos. The Zoo Licensing Act 1981 already implements many of the measures in the Directive, including the provision of proper accommodation and care for the animals, keeping up to date records, and taking appropriate measures to prevent escapes. But the requirements that zoos participate in conservation and education activities are new. Although many zoos already participate, the new legislation has made this a statutory requirement. Each European country is now responsible for enforcing the EU Directive with their national zoos. The Directive needs to be general because it applies to animal collections of very different sizes and structures. It cannot be expected that the Directive sets standards higher than is achievable for its smallest members.


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