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Bank resolution as a new MNB function – resolution of MKB BankAdministrative law aspects of the macroprudential regulation and supervision of the financial intermediary system – normativity, organisation, toolkit

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  • János Kálmán

    (Department of Public Administrative Law and Fiscal Law of the Deák Ferenc Faculty of Law and Political Sciences of Széchenyi István University)

Abstract

Macroprudential policy has developed a new set of instruments for the mechanisms with which the state intervenes in the economy through its public administration. However, the global economic crisis and the need for rapid action did not allow time for the inclusion of macroprudential policy into the dogmatics of administrative law and therefore this needs to be done subsequently. This study analyses the legal nature of normative regulation related to macroprudential policy, the organisational features of the macroprudential authority and the legal appearance of macroprudential instruments. The final conclusion of the study is that the content of the public good or public goal, i.e. financial stability, to be implemented by macroprudential policy is extremely poorly defined. Considering the above, for the assessment of the achievement of financial stability, i.e. for the state control of the efficient fulfilment of the public goal, the regulatory environment must create an efficient legal guarantee system.

Suggested Citation

  • János Kálmán, 2016. "Bank resolution as a new MNB function – resolution of MKB BankAdministrative law aspects of the macroprudential regulation and supervision of the financial intermediary system – normativity, organisat," Financial and Economic Review, Magyar Nemzeti Bank (Central Bank of Hungary), vol. 15(3), pages 27-50.
    • Handle: RePEc:mnb:finrev:v:15:y:2016:i:3:p:27-50
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    References listed on IDEAS

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    1. Losoncz, Miklós, 2010. "The global financial crisis and the European Union," Public Finance Quarterly, Corvinus University of Budapest, vol. 55(4), pages 792-808.
    2. Marc Quintyn & Michael W. Taylor, 2003. "Regulatory and Supervisory Independence and Financial Stability," CESifo Economic Studies, CESifo Group, vol. 49(2), pages 259-294.
    3. de Haan,Jakob & Oosterloo,Sander & Schoenmaker,Dirk, 2015. "Financial Markets and Institutions," Cambridge Books, Cambridge University Press, number 9781107119994, October.
    4. Giese, Julia & Nelson, Benjamin & Tanaka, Misa & Tarashev, Nikola, 2013. "Financial Stability Paper No 21: How could macroprudential policy affect financial system resilience and credit? Lessons from the literature," Bank of England Financial Stability Papers 21, Bank of England.
    5. Dimitrios Bisias & Mark Flood & Andrew W. Lo & Stavros Valavanis, 2012. "A Survey of Systemic Risk Analytics," Annual Review of Financial Economics, Annual Reviews, vol. 4(1), pages 255-296, October.
    6. Piet Clement, 2010. "The term “macroprudential”: origins and evolution," BIS Quarterly Review, Bank for International Settlements, March.
    7. Benjamin Born & Michael Ehrmann & Marcel Fratzscher, 2011. "Macroprudential policy and central bank communication," BIS Papers chapters, in: Bank for International Settlements (ed.), Macroprudential regulation and policy, volume 60, pages 107-110, Bank for International Settlements.
    8. Rosa M. Lastra, 2014. "Do We Need a World Financial Organization?," Journal of International Economic Law, Oxford University Press, vol. 17(4), pages 787-805.
    9. Stijn Claessens, 2015. "An Overview of Macroprudential Policy Tools," Annual Review of Financial Economics, Annual Reviews, vol. 7(1), pages 397-422, December.
    10. Claudio Borio, 2005. "Monetary and Financial Stability: So Close and Yet So Far?," National Institute Economic Review, National Institute of Economic and Social Research, vol. 192(1), pages 84-101, April.
    11. Carlo Gola & Francesco Spadafora, 2009. "Financial Sector Surveillance and the IMF," IMF Working Papers 2009/247, International Monetary Fund.
    12. Mr. Itai Agur & Mr. Sunil Sharma, 2013. "Rules, Discretion, and Macro-Prudential Policy," IMF Working Papers 2013/065, International Monetary Fund.
    13. Hal S. Scott, 2010. "Reducing Systemic Risk Through the Reform of Capital Regulation," Journal of International Economic Law, Oxford University Press, vol. 13(3), pages 763-778, September.
    14. Joseph E Stiglitz, 2009. "The Current Economic Crisis and Lessons for Economic Theory," Eastern Economic Journal, Palgrave Macmillan;Eastern Economic Association, vol. 35(3), pages 281-296.
    15. Mr. Udaibir S Das & Mr. Marc G Quintyn & Miss Kina Chenard, 2004. "Does Regulatory Governance Matter for Financial System Stability? An Empirical Analysis," IMF Working Papers 2004/089, International Monetary Fund.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    state intervention; CRD IV/CRR; macroprudential authority; macroprudential policy; financial stability; market surveillance;
    All these keywords.

    JEL classification:

    • E30 - Macroeconomics and Monetary Economics - - Prices, Business Fluctuations, and Cycles - - - General (includes Measurement and Data)
    • E44 - Macroeconomics and Monetary Economics - - Money and Interest Rates - - - Financial Markets and the Macroeconomy
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

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