scholarly journals Bending and Breaking the Single Resolution Mechanism: The Case of Italy

2019 ◽  
Vol 58 (4) ◽  
pp. 856-871
Author(s):  
Shawn Donnelly ◽  
Ioannis G. Asimakopoulos
Author(s):  
Agnieszka Smoleńska

AbstractCross-border banking presents a unique set of challenges in the EU from the perspective of arranging administrative oversight structures. Structuring cooperation between different EU and national authorities in a way which is conducive to trust-building and mutual engagement is an essential condition for overcoming disintegrative tendencies in the internal market. To assess how the existing EU arrangements fare in this regard in the context of EU resolution law, this article comparatively analyses the different models of multilevel administrative cooperation in the post-crisis EU framework. These are specifically the centralised model of the European Banking Union (Single Resolution Mechanism) and the relatively looser networked model of the resolution colleges. The multilevel cooperation under both models is nuanced given the distinct roles of the national resolution authorities, EU agencies and the differentiated status of non-euro area Member States in the EBU (Croatia, Bulgaria). The article’s findings allow to identify specific problems of constitutional nature pertaining to the accountability of administrative cooperation, equality of Member States and the implications of Meroni doctrine’s distortive effects.


Banking Law ◽  
2021 ◽  
pp. 267-295
Author(s):  
Andreas Kokkinis ◽  
Andrea Miglionico

Author(s):  
Olivares-Caminal Rodrigo ◽  
Douglas John ◽  
Guynn Randall ◽  
Kornberg Alan ◽  
Paterson Sarah ◽  
...  

This chapter considers the response to the European banking and sovereign debt crisis, which resulted in the introduction of the Bank Recovery and Resolution Directive (BRRD). It also considers the Single Supervisory Mechanism (SSM) and a Single Resolution Mechanism (SRM) which will be implemented to facilitate the supervision and resolution of certain financial institutions in the Eurozone. The chapter looks at the consequences of these reform measures and explains the salient features of the new framework of supervisory and resolution intervention. It also looks separately at the EBA technical standards and guidance where necessary to assist the interpretation of the provisions in the directive.


Author(s):  
Gleeson Simon ◽  
Guynn Randall

This chapter examines how the Bank Recovery and Resolution Directive is implemented in international and cross-border situations, both within the EU and between the EU and third countries. The BRRD requires each member state to recognize in their law the effect of resolution actions taken by other member states. This means that as regards foreign resolution action which purports to transfer assets located in their jurisdiction, or rights or liabilities governed by their law, or write-down or convert liabilities governed by their law or owed to creditors in their jurisdictions, their law must make provision for such transfers or conversions to take effect automatically and cannot be prevented, challenged, or set aside under their law. The chapter covers the scope of the Single Resolution Mechanism, cross-border branching, and the relevant changes to the Credit Institutions (Winding-Up) Directive.


2019 ◽  
Author(s):  
Robin Blaß

In this book, the author concerns himself with the EU’s banking union, whose establishment aims to further integrate the European banking sector and strengthen confidence in its stability. He focuses on the Single Resolution Mechanism (SRM), which was established as the second pillar of the banking union. With the help of the SRM, it should be possible in the future for even large banks to be in financial distress without endangering the stability of the entire financial system. The bank will be liquidated in accordance with the rules of the SRM if traditional insolvency proceedings are not feasible due to the caesura effect associated with them. In addition, as little public money as possible—at best no public funds at all—is to be spent on the resolution. The main purpose of this study is to ascertain whether the SRM can achieve this objective and how the SRM and the other pillars of the banking union interact with each other.


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