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The banking union and its implications for private law: a comment

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  • Hadjiemmanuil, Christos

Abstract

This comment seeks to provide a conceptual framework for analysing the Banking Union’s implications for private law. After discussing how and in what form the Banking Union can engender potentially relevant regulatory norms, it identifies the general ways whereby these can be recognised in private law and translated into private rights and/or duties. It then responds to a common argument against translation, namely, that the public nature of the regulatory regime’s goals and concerns hinders its normative expansion in the realm of private law. On a more practical level, it provides a tentative catalogue of private legal relations likely to be affected by the Banking Union.

Suggested Citation

  • Hadjiemmanuil, Christos, 2015. "The banking union and its implications for private law: a comment," LSE Research Online Documents on Economics 68658, London School of Economics and Political Science, LSE Library.
    • Handle: RePEc:ehl:lserod:68658
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    File URL: http://eprints.lse.ac.uk/68658/
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    References listed on IDEAS

    as
    1. Jackson, Howell E. & Roe, Mark J., 2009. "Public and private enforcement of securities laws: Resource-based evidence," Journal of Financial Economics, Elsevier, vol. 93(2), pages 207-238, August.
    2. Binder, Jens-Hinrich, 2015. "Banking Union and the governance of credit institutions: A legal perspective," SAFE Working Paper Series 96, Leibniz Institute for Financial Research SAFE.
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    More about this item

    Keywords

    Banking Union; SSM; SRM; EBA; Banking regulation; Single rulebook; Private remedies; Regulatory duties; Civil liability.;
    All these keywords.

    JEL classification:

    • F3 - International Economics - - International Finance
    • G3 - Financial Economics - - Corporate Finance and Governance

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