A Holistic Approach to the Institutional Architecture of Financial Supervision and Regulation in the EU

2019 ◽  
Author(s):  
Wolf-Georg Ringe ◽  
Luis Silva Morais ◽  
David Ramos Muñoz
2019 ◽  
Vol 16 (5) ◽  
pp. 557-591
Author(s):  
Andri Fannar Bergþórsson

In response to the global financial crisis, the European System of Financial Supervision (ESFS) was created in 2010. Supranational bodies were established for different financial sectors to act as supervisors of sorts for national-level supervisors in EU Member States. This article focuses on how the system was adapted to three EFTA States that are not part of the EU but form the internal market along with EU Member States through the EEA Agreement – Iceland, Norway and Lichtenstein (EEA EFTA States). The aim is to clarify how ESFS has been incorporated into the EEA agreement and to discuss whether this a workable solution for the EEA EFTA States that have not transferred their sovereignty by name in the same manner as the EU Member States. One issue is whether the adaptation has gone beyond the limits of the two-pillar structure, as all initiative and work stem from the EU supranational bodies and not the EFTA pillar.


2009 ◽  
Vol 16 (3) ◽  
pp. 271-290 ◽  
Author(s):  
Emilia Korkea-Aho

New modes of governance are proliferating at all levels, most prominently in the EU. One main characteristic of new governance is adjustability and revisability in the form of soft law. The non-binding nature of soft law is said to contribute to flexibility and diversity in Member States and to secure national autonomy. However, this article argues that while soft law may not be legally binding, it nevertheless has legal effects that throw flexibility and diversity of national action into doubt. Beginning by demonstrating that soft law may have discernible effects on practices in Member States, at the same time restricting Member State choices, the article goes on to develop a categorisation of those effects and to document them in detail. These are: judicial recognition by the European courts, explicit terms of soft law instruments, which demand special types of national implementing measures, the role played by non-state actors, and hybrid forms of regulatory instruments comprising soft and hard law provisions. The analysis shows a need to add variety to existing research on EU soft law, which has traditionally focused on the role of the judiciary in giving legal effects to soft law. Instead, we should be more attentive to the other three factors when discussing soft law. Besides the more holistic approach, research should also analyse soft law in a more case-specific manner in order to fully grasp the implications of choice of soft law in a domestic legal system.


2016 ◽  
Vol 235 ◽  
pp. R50-R62 ◽  
Author(s):  
Dirk Schoenmaker ◽  
Peter Wierts

Financial supervision focuses on the aggregate (macroprudential) in addition to the individual (microprudential). But an agreed framework for measuring and addressing financial imbalances is lacking. We propose a holistic approach for the financial system as a whole, beyond banking. Building on our model of financial amplification, the financial cycle is the key variable for measuring financial imbalances. The cycle can be curbed by leverage restrictions that might vary across countries. We make concrete policy proposals for the design of macroprudential instruments to simplify the current framework and make it more consistent.


2013 ◽  
Vol 11 (3) ◽  
pp. 601-614 ◽  
Author(s):  
Matjaz Nahtigal

The ongoing European crisis has revealed many deficiencies in the existing European institutional architecture. One of the crucial deficiencies is the unsustainable European regional disparity between the most developed European regions and those regions that are falling behind—a gap that is growing. This pattern of development creates an unsustainable pattern for the future development of the EU. The gap between the advanced segments of society with access to up-to-date knowledge, skills, technology, capital, and other resources and the excluded segments of society is also growing within the advanced European regions. Such observations indicate the need for far stronger anti-dualist economic, social, and legal policy at all levels of European polity. The EU’s response to the crisis has been inadequate as it has ignored the diversity of needs as well as opportunities for local and regional populations across the EU. Instead of focusing the economic, social, and legal reconstruction on a “one size fits all” model imposed from the top, the EU should spur local and regional innovations, initiatives, and development dynamics from below. Thus, in the EU, we need more policy space as well as more opportunities for economic, legal, social, and political innovations at the local, regional, and national levels. We need to create an EU that supports—not suppresses—diversity, sustainability, plurality, and the co-existence of institutional models. The idea of subsidiarity, diversity, and initiatives from below should be revived in order to create a more sustainable future for the EU.


2016 ◽  
Vol 46 (2) ◽  
pp. 115-130 ◽  
Author(s):  
Arianna Giovannini ◽  
Laura Polverari ◽  
Antonella Seddone

The European Union (EU) is facing a profound political crisis of leadership, legitimacy, and purpose. This article provides an analysis of these key dimensions of crisis. It does so by examining the way in which they intersect and their impact on the EU’s institutional architecture, on the politicization of the European public sphere, on the wider dynamics of representation that underpin these processes, and on the political systems and polities of the member states. Drawing on such analysis, we assess the 2014 European Parliament election with reference to the findings of the six articles included in this collection. We conclude with a critical reflection on the competing and often piecemeal ‘visions of Europe’ that emerge from the studies in this volume and the challenges they pose to the EU project.


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