Mirroring the long-established structure of the financial industry, EU financial regulation as we know it today approaches banking, insurance and investment services separately and often divergently. In recent decades however, the clear separation between financial sectors has gradually evaporated, as business lines have converged across sectors and FinTech solutions have emerged which do not fit traditional sector boundaries.
As the contours of the traditional tripartition in the financial industry have faded, the diverging regulatory and supervisory treatment of these sectors has become increasingly at odds with economic reality.
This book brings together insights developed by distinguished researchers and industry professionals in a series of articles analysing the main areas of EU financial regulation from a cross-sectoral perspective. For each specific research theme – including prudential regulation, corporate governance and conduct of business rules – the similarities, as well as gaps, overlaps and unjustifiable differences between banking, securities and insurance regulation, are clearly presented and discussed. This innovative research approach is aimed at informing lawmakers and policymakers on potential improvements to EU financial regulation whilst also supporting legal and compliance professionals applying the current framework or looking to streamline compliance processes.
Edited by:
Prof. Dr. Veerle Colaert,
Professor Danny Busch,
Dr Thomas Incalza
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 244mm,
Width: 169mm,
Weight: 993g
ISBN: 9781509926459
ISBN 10: 1509926453
Pages: 504
Publication Date: 26 December 2019
Audience:
Professional and scholarly
,
Professional and scholarly
,
Undergraduate
,
Undergraduate
Format: Hardback
Publisher's Status: Active
PART I CONCEPTUAL FRAMEWORK 1. Regulating Finance in a Post-Sectoral World: Setting the Scene Veerle Colaert and Danny Busch 2. Functioning of the Financial Industry Monika Marcinkowska 3. Objectives of Financial Regulation and their Implementation in the European Union Eddy Wymeersch 4. FinTech Regulation from a Cross-Sectoral Perspective Eugenia Macchiavello 5. A Cross-Sectoral Approach to Regulation and a Twin Peaks System of Supervision: The Netherlands Kitty Lieverse and Victor de Serière PART II STABILITY OF THE FINANCIAL SYSTEM 6. Regulating Systemic Risk: A Cross-Sectoral Approach Danny Busch and Mirik van Rijn 7. A Cross-Sectoral Analysis of Micro-Prudential Regulation Arthur van den Hurk and Bart Joosen 8. Corporate Governance 8A. A Cross-Sectoral Analysis of Corporate Governance Provisions: About Forests and Trees Tom Vos, Katrien Morbee, Sofi e Cools and Marieke Wyckaert 8B. A Cross-Sectoral Analysis of Remuneration Policy Provisions Guido Ferrarini and Michele Siri 8C. Ownership Allocation and Stakeholder Representation in Financial Institutions Carmine Di Noia and Matteo Gargantini 9. Resolution Regimes in the Financial Sector: In Need of Cross-Sectoral Regulation? Jens-Hinrich Binder 10. Is there a Case for One Cross-Sectoral Compensation Scheme? Veerle Colaert and Gilian Bens 11. The Cross-Sectoral Playing Field in Outsourcing Peter Laaper PART III CONSUMER PROTECTION 12. Scope of Protection: Is there a Ground for a Single Criterion? Marc-David Weinberger 13. Product Information for Banking, Investment and Insurance Products Veerle Colaert 14. Service Quality (Conduct of Business) Rules 14A. Is there a Case for a Cross-Sectoral Duty of Care for the Financial Sector? Veerle Colaert and Maarten Peeters 14B. An ‘Assist-Your-Customer Obligation’ for the Financial Sector? Danny Busch, Veerle Colaert and Geneviève Helleringer 15. Conflicts of Interest and Inducements in the Financial Sector Veerle Colaert and Th omas Incalza 16. Product Intervention: A Cross-Sectoral Analysis Veerle Colaert PART IV SUPERVISION AND INTERNAL MARKET 17. A Holistic Approach to the Institutional Architecture of Financial Supervision and Regulation in the EU Wolf-Georg Ringe, Luis Morais and David Ramos 18. What Happens when an EU Financial Institution Crosses Borders? Time for Consistency? Emanuel van Praag PART V SUMMARY AND CONCLUSIONS 19. Summary and Conclusions Veerle Colaert and Danny Busch
Veerle Colaert is Professor of Financial Law at KU Leuven, Belgium, Excellence Initiative Professor at Radboud University Nijmegen, the Netherlands, and chair of the ESMA Stakeholder Group. Danny Busch is Professor of Financial Law and Founding Director of the Institute for Financial Law at Radboud University Nijmegen, the Netherlands, and a Fellow of the Commercial Law Centre, University of Oxford, UK. Thomas Incalza is Postdoctoral FWO Researcher and Visiting Professor of Business and Company Law at KU Leuven, Belgium.
Reviews for European Financial Regulation: Levelling the Cross-Sectoral Playing Field
It is hard to offer criticism, even of the constructive kind, for a book that is so transparent in its aim and succeeds so clearly in achieving it... informative, deep, interesting and a necessary addition for anyone interested in the Law of Finance’s ‘big’, systematic questions. -- David Ramos Muñoz * EU Law Live *
