Deposit Guarantee Schemes and Bank Crisis Management: Legal Challenges Arising from the Actual EU Legal Framework

2020 ◽  
Author(s):  
Irene Mecatti

2020 ◽  
Vol 20 (62) ◽  
Author(s):  

This note assesses and makes recommendations regarding bank resolution and crisis management arrangements. The scope of the assessment includes the institutional arrangements for recovery, resolution, and crisis management; the supervision of banks’ recovery plans; the legal regime for bank bankruptcy and resolution; resolution planning by the authorities and addressing impediments to resolution; assuring funding to support resolution; the two deposit guarantee schemes; and the government authorities’ collective preparedness to deal with financial crisis. The authorities relevant to this note are the Ministry of Finance (MOF), the Financial Market Authority (FMA), and the Austrian National Bank (OeNB). Main findings: Recovery and resolution planning are well advanced. Key impediments to resolution have been identified and are being addressed, yet adequate means to ensure sufficient funding in resolution remains to be determined. The legal framework is sound, although additional flexibility could be provided in the bankruptcy regime. The authorities’ collective contingency planning for financial crisis and testing of plans should be intensified. The following paragraphs elaborate on these and other matters.



2011 ◽  
Vol 15 (1-2) ◽  
pp. 218-242 ◽  
Author(s):  
Frederik Naert

This article provides a brief overview of the legal aspects of EU military crisis management operations, which, together with the EU’s civilian missions, are the main manifestation of the EU’s Security and Defence Policy. After the introduction (I), section II addresses the EU law aspects, section III covers the main international law aspects and section IV deals with domestic law aspects, including both the law of sending States and of the host State. Section V draws some conclusions and offers some reflections on the legal aspects of EU military operations and their role and importance. The author concludes that the EU has a well established legal framework for its military operations, which is soundly anchored in the EU Treaty, elaborated in practice and firmly based in and in compliance with international law. He also submits that the Lisbon Treaty reinforces this legal framework on several points and that the EU can rely on a number of mechanisms that should enable it to address most legal challenges that may arise.



2011 ◽  
Vol 54 (1) ◽  
pp. 25-45 ◽  
Author(s):  
J. F. MERRITT

ABSTRACTStudies of the rise of London's vestries in the period to 1640 have tended to discuss them in terms of the inexorable rise of oligarchy and state formation. This article re-examines the emergence of the vestries in several ways, moving beyond this traditional focus on oligarchy, and noting how London's vestries raised much broader issues concerning law, custom, and lay religious authority. The article reveals a notable contrast between the widespread influence and activities of London vestries and the questionable legal framework in which they operated. The political and ecclesiastical authorities – and in particular Archbishop Laud – are also shown to have had very mixed attitudes towards the legitimacy and desirability of powerful vestries. The apparently smooth and relentless spread of select vestries in the pre-war period is also shown to be illusory. The granting of vestry ‘faculties’ by the authorities ceased abruptly at the end of the 1620s, amid a series of serious legal challenges, on both local and ideological grounds, to the existence of vestries. Their rise had thus been seriously contested and stymied well before the upheavals of the 1640s, although opposition to them came from multiple sources – Laudians, Henry Spelman and the royal Commission on Fees, and local parishioners – whose objectives could vary.



2021 ◽  
Vol 16 (2) ◽  
pp. 12-62
Author(s):  
Raina Nikolova

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).



Author(s):  
Jacques Hartmann

The chapter zooms in on the specific issue of detention in the context of multinational military operations. The Serdar Mohammed case (UK), the Hassan case (ECtHR), as well as the ICRC’s ongoing project to strengthen the legal protections in relation to detention in times of non-international armed conflict, have unearthed various loopholes and legal challenges in the contemporary humanitarian legal framework. What is more, even when multinational military operations operate outside the context of an armed conflict, the legal basis and applicable legal constraints with regard to detention are often unclear. The ECtHR’s Medvedyev case as well as discussions in the context of the Copenhagen process on the handling of detainees in international military operations are relevant cases in point. It is against this background that the chapter analyses applicable legal bases, procedures and constraints with regard to detention in the context of multinational military operations.



2019 ◽  
Vol 3 (2) ◽  
pp. 101-110
Author(s):  
Charles Ishengoma Kato

Purpose This paper aims to examine the legal challenges to electronic banking and initiatives taken to address them in Tanzania. It is based on the results of a comparative analysis of policies and laws of other countries from which Tanzania can pick a leaf on how to deal with challenges brought by information and communication technology-induced innovations in the banking sector. Design/methodology/approach The study upon which this paper is based employed comparative analysis methods by analysing different policies and laws of Tanzania in line with attendant laws of other jurisdictions such as the USA, Malaysia, South Africa, Rwanda and Kenya and international instruments in a bid to establish the best practice pertaining to controlling and containing legal challenges brought by developments in electronic banking. Findings This paper confirms that, the prevailing laws guiding electronic banking in Tanzania do not adequately address the challenges the banks and customers face during electronic banking transactions. Thus, there is a need to amend the Tanzanian laws guiding this sector to put in place legislation capable of facilitating the development of electronic banking whilst addressing the associated challenges the users encounter. Originality/value This paper underscores the value of amending existing or enacting new laws in line with the development of technology/innovation to protect consumers in nascent electronic banking of the country. Moreover, it advocates for the development of innovation in banking sector should not be left to grow without amending/enacting laws that will promote its development and at the same time protect the users to avoid far-reaching and often unpleasant implications.



2022 ◽  
pp. 193-205
Author(s):  
Mohammad Sheikhi ◽  
Nima Norouzi

The onset and spread of COVID-19-related disease and the measures taken by the government to combat it have given rise to several legal issues. The most important of these issues can be considered the government's legal framework in the fight against this disease and the responsibility for compensation. Examining the first issue through Iran's current laws and regulations, it became clear that choosing the appropriate legal framework in the fight against this disease could be more than the basic and ordinary regulations. Instead of creating a national headquarters to fight COVID-19 under council approvals, the Supreme National Security Service shall use the capacities of the crisis management organization and the relevant law and the provisions of Article 79 of the Iranian constitution.



2015 ◽  
Vol 19 (1-2) ◽  
pp. 1-31 ◽  
Author(s):  
Brendan Howe ◽  
Boris Kondoch ◽  
Otto Spijkers

The application of law and norms in military operations is complex. This article provides an overview of legal and normative aspects in un peace operations. It will focus on key challenges to un peace operations. First, it will review un peacekeeping from the perspective of international law. After providing an overview of the legal framework of un peacekeeping and the application of human rights law, international humanitarian law, and international criminal law, the article turns to issues related to the accountability and immunity of un peacekeepers. The final section addresses normative concepts including the responsibility to protect, the protection of civilians, human security and their relevance in regard to un peacekeeping.



2021 ◽  
Author(s):  
◽  
Helen Curtis

<p>The current issues surrounding the use of genetic profiling technologies in New Zealand are analysed and compared with other jurisdictions, resulting in a number of key recommendations for the legal framework. An amendment to the Human Rights Act, review of the Health Information Privacy Code and an increased role for the Insurance and Savings Ombudsman are discussed in light of the developments in other jurisdictions. The implementation of a genetic database registration system and the development of policies to guide employers, insurers and health professionals on acceptable uses of genetic profile information are presented as recommendations to improve the current approaches. The establishment of an Advisory Body would ensure that safeguards against discrimination continue to be fair and effective, keeping pace with the rapid advancements in this field. The increased availability and the more acceptable costing are making the use of genetic profiling technology attractive. This is contributing further to the legal challenges, particularly when combined with the increasing range of applications for the data provided, in such diverse fields as the insurance industry, employment, personalised pharmaceuticals and the use of genetic databases. It is seen as essential that the legal framework promotes and supports the public in their access and use of genetic profiling technologies. These developments promise to be important and at the forefront of future heath care in New Zealand.</p>



2020 ◽  
pp. 108-119
Author(s):  
Tadas Lukošius

The historical approach enables us to perceive the specific legal phenomenon as continuous and to study the antecedents of current (or even future) legal challenges. This article discusses the possibilities of invoking the historical notion of ius commune (and various new concepts based on it) in a contemporary legal discourse on the future of the European Union (EU) law. Since issues of integrity and homogeneity remain central to the consideration of further legal developments of the EU legal framework it is especially relevant to look back at one of the most prominent phenomena in the Western legal tradition – ius commune, which to some extent united legal thought throughout pre-modern Europe. By analysing inherent characteristics related to its sources, methods and interaction with other (local) legal systems, we attempt to define the limits of such historical analogy. This may allow answering the questions as to whether and to what extent the model of medieval-originated ius commune could inspire further development of the EU legal framework (as a new ius commune).



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