scholarly journals Quo Vadis Banking Union? Discussions over the Resolution of Banks

2018 ◽  
Vol 1 (333) ◽  
Author(s):  
Klaudia Alicja Zielińska
Keyword(s):  
Banking Sector ◽  
Banking Union ◽  
International Level ◽  
Final Structure ◽  
The Core ◽  
Single Resolution Mechanism ◽  
Review Procedure ◽  
Quo Vadis ◽  
The Right ◽  
Core Issues

Transferring the right to make the decision concerning a bank’s resolution onto the international level has long been the bone of contention between the European Union’s Member States. The aim of this article is to provide a review of the discussions on this topic, while attempting to evaluate whether the consensus reached allows the achievement of goals set for the resolution mechanism. The article is composed of five parts. The first part introduces the concept of single supervision over the banking sector and explains the importance of having harmonised resolution rules. The second part discusses the process of reaching a consensus towards the establishment of the Single Resolution Mechanism. That part is followed by a description of the final structure agreed for the mechanism back in 2014. The fourth part outlines the review procedure of the established regulations currently under way. The final part of the article summarises the contents and attempts to identify the core issues that still need to be resolved in order to guarantee reliability of the second pillar of the banking union.

Summary judgment — Quo vadis?

2021 ◽  
Vol 138 (1) ◽  
pp. 88-114
Author(s):  
Thino Bekker
Keyword(s):  
South African ◽  
Historical Development ◽  
Access To Justice ◽  
High Court ◽  
The Core ◽  
Golden Opportunity ◽  
Quo Vadis ◽  
The Right ◽  
Summary Judgment ◽  
Made In

The summary judgment procedure in South African law provides for a speedy judgment in favour of a deserving plaintiff where it can be shown that the defendant does not have a triable defence. In 2019 the Rules Board made certain drastic amendments to the procedure of summary judgment in the high court. In this article the historical development of the procedure of summary judgment will be discussed, and the new amendments to rule 32 of the Uniform Rules of Court critically evaluated. It will be argued that the amendments to rule 32 were unnecessary and that it may diminish the right to access to justice in civil disputes. It will, however, also be argued that there are some merits in the critique raised by the Rules Board in relation to rule 32 and that the Rules Board missed a golden opportunity to overhaul the entire summary judgment procedure in a more sensible manner and in line with the core constitutional values of s 34 of the Constitution. It will be argued that rule 32 should be replaced in its entirety by a new, more streamlined procedure, and some recommendations for legal reform will be made in this regard.

Abwicklung von Banken

2019 ◽  
Author(s):  
Robin Blaß
Keyword(s):  
Financial Distress ◽  
Banking Sector ◽  
The Other ◽  
Banking Union ◽  
Public Funds ◽  
Single Resolution Mechanism ◽  
European Banking ◽  
Public Money ◽  
The Stability ◽  
Insolvency Proceedings

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.

15 The Operation of the Single Resolution Mechanism in the Context of the EU State Aid Regime

2016 ◽  
Author(s):  
Kokkoris Ioannis ◽  
Olivares-Caminal Rodrigo
Keyword(s):  
Crisis Management ◽  
Financial Stability ◽  
Banking Sector ◽  
Critical Appraisal ◽  
State Aid ◽  
Management Tool ◽  
Banking Union ◽  
The European Union ◽  
Single Resolution Mechanism ◽  
The Eu

This chapter addresses the initiatives of the European Commission to maintain the financial stability of the banking sector. It analyses the regulatory reforms on bank recovery and resolution introduced by the EU aimed at creating a Banking Union, and provides an overview of the Bank Recovery and Resolution Directive (BRRD) by taking into account the crisis management tool innovations. It also offers a critical appraisal of the Single Resolution Mechanism (SRM). The initiatives examined here are envisaged in a two-pronged approach: through the uniform rules of the Banking Union and in a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism (SRM) and a Single Resolution Fund (SRF) on one hand, and its interrelation with the state aid rules of the Treaty for the Functioning of the European Union (TFEU) on the other.

Global Finance

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
International Law ◽  
Sovereign Debt ◽  
International Level ◽  
Global Finance ◽  
Financial Architecture ◽  
The Core ◽  
Regulation And Supervision ◽  
History Of ◽  
International Legal System ◽  
The Right

This chapter explores how financial globalization of today fails to deliver enough of the right sort of finance necessary to promote development and productive investment in societies. The contemporary global financial architecture serves primarily to enrich affluent investors and major financial institutions while putting societies and their people at grave risk of harm, including from global financial crises. The chapter explores these issues by first examining the history of the global financial architecture from the nineteenth century to the present. It moves on to critique current institutions of law mainly on grounds of justice. The chapter addresses problems associated with the regulation and supervision of banks, at the international level a form of soft law forming the core of the global financial architecture. It also explores how the power of global finance makes real reform at either the domestic or international level very difficult. Finally, the chapter exposes injustices associated with the resolution of sovereign debt crises, with a focus on the recent crisis for Greece. It considers serious shortcomings of the international legal system in this area, including how the contract approach of international law sought to resolve the crises in a manner in which the less advantaged are made much worse off.

Quo Vadis, Performance History?

2004 ◽  
Vol 45 (2) ◽  
pp. 271-274 ◽  
Author(s):  
Richard Schechner
Keyword(s):  
New York ◽  
Papua New Guinea ◽  
Art History ◽  
New Guinea ◽  
Ancient Greek ◽  
Performance History ◽  
The Core ◽  
The Past ◽  
Quo Vadis ◽  
The Right

Frankly, I'm not much of a historian. That is, the past interests me mostly as grist for my theoretical mill. I am not nostalgic. I don't often trek through ruins—whether of stone, paintings, videotape, paper, library stacks, or my own many notebooks. Of course, I've done the right thing when it comes to this kind of activity. I have climbed the pyramids at Teotihuacan and in Mayan country, sat on stone benches of the Theatre of Dionysus in Athens and in Epidaurus (where I was tormented by some really awful productions of ancient Greek dramas), and visited the theatre museums of four continents. On the art-history front, I've gazed at more paintings and sculptings than I can readily organize in memory. But my strongest meetings with “history” have been at the cusp of the past and present—living events always already changing as they are (re)performed. This has been the core of my “anthropology-meets-theatre” work whether among the Yaquis of Arizona, at the Ramlila of Ramnagar in India, in the highlands of Papua–New Guinea, at Off-Off Broadway in New York, in the interior of China, and at very many other events in a wide variety of places.

The Iraq-Kuwait Conflict and the Developmental Scenario to the Peninsula Arab Countries

1991 ◽  
Vol 30 (4II) ◽  
pp. 995-1003
Author(s):  
M. A. Hussein Muluck
Keyword(s):  
News Media ◽  
Objective Assessment ◽  
Arab Countries ◽  
Critical Assessment ◽  
The Core ◽  
Global Character ◽  
The Press ◽  
Vested Interests ◽  
The Right ◽  
Core Issues

The press and news media has dealt with the recent Iraq-Kuwait conflict in an exhaustive manner. This was quite natural because the world is at present witnessing an information explosion, never known to human history before. Despite all this, there are, however, reasons to believe that most of the analysis presented in various dispatches and reports have not been able to deal with the core issues which have escaped the attention of the writers. This was perhaps quite natural because a critical assessment of a certain event can only be done if facts are known and there is in addition a continuous engagement of the experts with the problem under discussion. But this approach may also not be the right one to deal with a crisis which has many a dimension and can, therefore, be looked at from different angles. The crisis under discussion is one which has a global character and can therefore be interpreted in one way or another depending on the writer's own intellectual commitment or vested interests. As such, it is this confusing aspect of the exercise which does not allow a purely objective assessment of the problem. Despite this shortcoming, there, is, however, the desperate need to look at the issue in an objective manner and in conformity with the contemporary spirit governing the various political constellations and their specific thrusts.

scholarly journals The First Steps Toward the Banking Union’s Implementation and Effects on the Eurozone Banking Sector

2017 ◽  
Vol 55 (1) ◽  
pp. 25-38
Author(s):  
Silvia Kirova
Keyword(s):  
Monetary Union ◽  
Banking Sector ◽  
The State ◽  
Economic And Monetary Union ◽  
Banking Union ◽  
Single Supervisory Mechanism ◽  
Current State ◽  
Single Resolution Mechanism ◽  
The World ◽  
High Level

Abstract The banking union in Europe was proposed in 2012 as one of the key measures to address the structural weaknesses of the Economic and Monetary Union. It was introduced at a time of a serious regulatory overhaul of the financial sector in all developed parts of the world. Now that its implementation has started with the launch of the Single Supervisory Mechanism and the start of the Single Resolution Mechanism it is time to review what is the state of play of the elements of the banking union and to analyse the effects of its implementation on the Eurozone banking sector. The paper looks at each one of the pillars of the banking union. Then the author analyses the current state of the Eurozone banking sector and tries to identify how the introduction of the banking union has influenced on the developments within that sector. The paper argues that the Eurozone’s banking sector has become more stable, better capitalised and its risks more controlled than in 2008 but this is at the expense of profitability. The Eurozone banking sector continues to exhibit a high level of non-performing loans. In part, this can be attributed to the banking union and the challenges it poses to the banking sector.

What face familiarity feelings say about the lateralization of specific entities within the core system

2019 ◽  
Vol 42 ◽  
Author(s):  
Guido Gainotti
Keyword(s):  
Temporal Lobe ◽  
Memory System ◽  
Core System ◽  
The Core ◽  
Memory Traces ◽  
Specific Memory ◽  
Target Article ◽  
Temporal Structures ◽  
The Right

Abstract The target article carefully describes the memory system, centered on the temporal lobe that builds specific memory traces. It does not, however, mention the laterality effects that exist within this system. This commentary briefly surveys evidence showing that clear asymmetries exist within the temporal lobe structures subserving the core system and that the right temporal structures mainly underpin face familiarity feelings.

QUO VADIS HUKUM ISLAM (ANTARA IDEALITAS DAN REALITAS INDONESIA)

2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati
Keyword(s):  
Political Rights ◽  
Right To Life ◽  
Economic Rights ◽  
Christian Communities ◽  
Basic Assumptions ◽  
Eastern Indonesia ◽  
The Republic ◽  
Quo Vadis ◽  
The Right

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.

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