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Table of Contents
Intro; Preface; Table of Cases; Contents; Notes on Contributors; Abbreviations; List of Figures; Part I: The European Banking Union and the European Union Architecture; 1: Multilevel Governance in Banking Regulation; 1 Introduction; 2 The Rationale for Regulation; 3 Historical Developments; 4 Regulatory Responses; 5 The Impact of the Global Financial Crisis upon Global and EU Developments; 6 Concluding Observations; References; 2: European Banking Union Within the System of European Banking and Monetary Law; 1 A Definition of EU Banking Law and Its Evolution
2 On the Establishment of the Banking Union3 The Legal Acts Establishing the Two First Main Pillars of the Banking Union and the Related Single Rulebook; 3.1 The First Pillar: The Single Supervisory Mechanism (SSM); 3.2 The Second Pillar: The Single Resolution Mechanism and the Single Resolution Fund; 3.3 The Underlying Single Rulebook; The Rules Relating to the Authorisation, (Micro- and Macro-) Prudential Regulation and Micro-Prudential Supervision of Credit Institutions
The Rules Relating to the Preparation for Resolution of, Early Intervention in and Resolution of Credit InstitutionsThe Rules on Deposit Guarantee; 4 The Sources of EU Banking Law After the Establishment of the Banking Union; 5 The Links Between EU Monetary Law and the Banking Union; 5.1 The Sources of EU Monetary Law; 5.2 The Main Links; 6 Concluding Remarks: 'European Central Banking Law' or 'ECB Law' as the Result of a (Partial) Synthesis; References; 3: European Banking Union and Its Relation with European Union Institutions; 1 Introduction
2 The Single Supervisory Mechanism: Centralisation, Fragmentation and the Quest for a New Institutional Balance3 What Kind of Accountability for the European Central Bank Within the Single Supervisory Mechanism?; 4 Single Resolution Mechanism: Complexity, Agency Empowerment and an Attempt for a Paradigm Shift; 5 The CJEU and Institutional Balance: The Silent Influencer; 6 Conclusion; References; 4: Proportionality in the Single Rule Book; 1 The Need for Proportional Regulation and Supervision; 1.1 A Diversified Banking Landscape; 1.2 Proportionality and Financial Stability
1.3 Proportionality and Regulatory Competition2 Legal Aspects of Proportionality; 2.1 Proportionality as a Principle of Primary Law; 2.2 Is Proportionality Incompatible with the Single Rule Book?; 2.3 The Requirements of Proportionality; 3 The Current Approach of the EU to Proportionality; 3.1 Proportionality with Regard to the Banking and Insurance Sector; 3.2 Elements of Substantive Proportionality in Banking Regulation; 3.3 Procedural Proportionality; 3.4 Proportionality in the Context of Better Regulation and Regulatory Fitness and Performance (REFIT) Programme
2 On the Establishment of the Banking Union3 The Legal Acts Establishing the Two First Main Pillars of the Banking Union and the Related Single Rulebook; 3.1 The First Pillar: The Single Supervisory Mechanism (SSM); 3.2 The Second Pillar: The Single Resolution Mechanism and the Single Resolution Fund; 3.3 The Underlying Single Rulebook; The Rules Relating to the Authorisation, (Micro- and Macro-) Prudential Regulation and Micro-Prudential Supervision of Credit Institutions
The Rules Relating to the Preparation for Resolution of, Early Intervention in and Resolution of Credit InstitutionsThe Rules on Deposit Guarantee; 4 The Sources of EU Banking Law After the Establishment of the Banking Union; 5 The Links Between EU Monetary Law and the Banking Union; 5.1 The Sources of EU Monetary Law; 5.2 The Main Links; 6 Concluding Remarks: 'European Central Banking Law' or 'ECB Law' as the Result of a (Partial) Synthesis; References; 3: European Banking Union and Its Relation with European Union Institutions; 1 Introduction
2 The Single Supervisory Mechanism: Centralisation, Fragmentation and the Quest for a New Institutional Balance3 What Kind of Accountability for the European Central Bank Within the Single Supervisory Mechanism?; 4 Single Resolution Mechanism: Complexity, Agency Empowerment and an Attempt for a Paradigm Shift; 5 The CJEU and Institutional Balance: The Silent Influencer; 6 Conclusion; References; 4: Proportionality in the Single Rule Book; 1 The Need for Proportional Regulation and Supervision; 1.1 A Diversified Banking Landscape; 1.2 Proportionality and Financial Stability
1.3 Proportionality and Regulatory Competition2 Legal Aspects of Proportionality; 2.1 Proportionality as a Principle of Primary Law; 2.2 Is Proportionality Incompatible with the Single Rule Book?; 2.3 The Requirements of Proportionality; 3 The Current Approach of the EU to Proportionality; 3.1 Proportionality with Regard to the Banking and Insurance Sector; 3.2 Elements of Substantive Proportionality in Banking Regulation; 3.3 Procedural Proportionality; 3.4 Proportionality in the Context of Better Regulation and Regulatory Fitness and Performance (REFIT) Programme