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BRRD/SRM, corporate insolvency law and EU State aid - the trifurcated EU framework for dealing with banks in distress

In: The European Banking Union and the Role of Law

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  • Michael Schillig

Abstract

The present paper analyses some interactions between the resolution framework and the Charter of Fundamental Rights of the European Union (CFREU). It provides an overall view of the relevant provisions in the legislative text and the Recitals as well as a more detailed analysis of the interplay between the provisions granting resolution authorities the power to bail-in liabilities and the fundamental right to property recognised in Article 17 CFREU. In this respect, it also provides reference to the recent decision of the European court of Justice (ECJ) in the Kotnik case (C-526/14) and provides an assessment of points of contact and differences between the stance taken by the Court and the provisions of BRRD and SRMR.

Suggested Citation

  • Michael Schillig, 2019. "BRRD/SRM, corporate insolvency law and EU State aid - the trifurcated EU framework for dealing with banks in distress," Chapters, in: Gianni Lo Schiavo (ed.), The European Banking Union and the Role of Law, chapter 13, pages 238-258, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:18485_13
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    Keywords

    Economics and Finance; Law - Academic;

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