Integrating markets in banking services : a legal comparison between the European Union (EU) and the Eurasian Economic Union (EAEU) / Gulnaz Ospanova.
Ospanova, Gulnaz, author.
2022
KJE2188
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Title Integrating markets in banking services : a legal comparison between the European Union (EU) and the Eurasian Economic Union (EAEU) / Gulnaz Ospanova.
Author Ospanova, Gulnaz, author.
ISBN 9783031152825 (electronic bk.)
3031152824 (electronic bk.)
3031152816
9783031152818
DOI https://doi.org/10.1007/978-3-031-15282-5
Published Cham : Springer, [2022]
Copyright ©2022
Language English
Description 1 online resource (xiv, 188 pages) : illustrations.
Other Standard Identifiers 10.1007/978-3-031-15282-5 doi
Call Number KJE2188
Dewey Decimal Classification 346.4082
Summary This book deals with the banking integrations, which are becoming crucial at the present time not only because of the increased number of economic integrations, but also in view of their qualitative improvement. This book compares the European Union (EU) as the most successful union, which was able to move from the common financial market to the top of banking integration - the Banking Union, and the Eurasian Economic Union (EAEU) as a relatively young union but having many good prerequisites to become an influential union, established by five states - the Russian Federation, Kazakhstan, Belarus, Armenia, and the Kyrgyz Republic in 2015. The key research question is whether the single market in banking services or banking union is a reachable goal or on the contrary- utopia. Throughout the research, the book uncovers the bottlenecks and barriers that the EU and EAEU policymakers faced during the difficult process of establishing the single market and baking union. However, along with the problems of banking integration, the book identifies many particularities of the harmonization of banking legislations of the EU Member States. These identified particularities can be very beneficial for young unions and serve as a kind of guide in their integration processes. In particular, the book comes to the findings that evolutionary (not revolutionary) harmonization is required in order for the EAEU to become a full-fledged union. The full-fledged union, which was mutually established by the EAEU Member States with the purpose of bringing positive results for all its Member States, but not just as a counterbalance to the EU.
Bibliography, etc. Note Includes bibliographical references.
Access Note Access limited to authorized users.
Source of Description Online resource; title from PDF title page (SpringerLink, viewed November 17, 2022).
Series Studies in European economic law and regulation ; v. 24.
Available in Other Form Print version: 9783031152818
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Intro
Foreword
Integration Through Regulation of Trade in East and West: Banking as a Successful Example?
Acknowledgements
Contents
Abbreviations
Chapter 1: Introduction
1.1 Research Question
1.1.1 The Single Market
1.1.2 Barriers
1.2 The Importance of Research
1.2.1 The Role of Banking Services
1.2.2 The Increasing Banking Integrations
1.2.2.1 The EAEU Common (Single) Market in Banking Services
1.2.2.2 The EU Banking Union
1.3 Method of Research
1.3.1 The Comparative Analysis
1.3.2 Comparability of EAEU and EU
1.4 Sources of Research

1.5 Structure of Research
References
Chapter 2: Non-Legal Barriers to the Banking Integration
2.1 The General Geographic Data
2.2 Economic Conditions
2.2.1 GDP Data
2.2.2 Banking Market Conditions
2.3 Political Conditions
References
Chapter 3: EU Approach: EU Legal Barriers for the Establishment of the Single Market in Banking Services/Banking Union
3.1 Overview of the Legal Barriers and History of Banking Integration
3.1.1 Types of the Legal Barriers
3.1.2 Stages of the Banking Integration

3.1.2.1 The Common Market in Banking Services and Its Legal Framework
3.1.2.2 Single Market in Banking Services and Its Legal Framework
3.1.2.3 Banking Union and Its Legal Framework
3.1.3 Chapter Observations
3.2 Fundamental Freedoms and Its Restrictions
3.2.1 Overview
3.2.2 Scope and Meaning of the Fundamental Freedoms
3.2.2.1 Freedom of Establishment (Article 49 TFEU)
3.2.2.2 Freedom of Free Movement of Services (Article 56 TFEU)
3.2.2.3 Freedom of Free Movement of Capital (Article 63 TFEU)
3.2.3 Restrictions of Fundamental Freedoms

3.2.3.1 `Restriction ́Concept and the `General Good ́Clause in Accordance with the Legal Framework
`Restriction ́Concept
The `General Good ́Clause
3.2.3.2 `Restriction ́Concept and `General Good ́Clause in Accordance with the ECJ Practice
`Restriction ́Concept
Application of the `General Good ́Clause
The `General Good ́Motives
Absence of Harmonization
No Discrimination on Grounds of Nationality
Non-Duplication of Home Member Stateś Rules
An Objective Necessity
3.2.4 Chapter Observations

3.3 Harmonization of the EU Secondary Legal Framework and Its Legal Barriers
3.3.1 Overview
3.3.2 Fields of Harmonization: Prudential Standards
3.3.2.1 TFEU About Harmonization of Banking Laws
3.3.2.2 Understanding of Prudential Standards
3.3.2.3 Short Description of the Secondary Banking Legal Framework
3.3.2.4 Particularities of Harmonization of the Secondary Banking Legal Framework
Principles of Harmonization of the National Legislations
The Legal Tools of Harmonization
Organizational Tools of Harmonization
Harmonization Fields
Harmonization of Definitions

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