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.
Recenzijas
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 Finances big, systematic questions. -- David Ramos Muńoz * EU Law Live *
Papildus informācija
Timely collection of essays on EU financial regulation drawing together novel ideas and analysis from across the cross-sectoral model.
Preface |
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ix | |
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xi | |
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PART I CONCEPTUAL FRAMEWORK |
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1 Regulating Finance In A Post-Sectoral World: Setting The Scene |
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3 | (10) |
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2 Functioning Of The Financial Industry |
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13 | (26) |
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3 Objectives Of Financial Regulation And Their Implementation In The European Union |
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39 | (24) |
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4 Fintech Regulation From A Cross-Sectoral Perspective |
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63 | (24) |
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5 A Cross-Sectoral Approach To Regulation And A Twin Peaks System Of Supervision: The Netherlands |
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87 | (20) |
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PART II STABILITY OF THE FINANCIAL SYSTEM |
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6 Regulating Systemic Risk: A Cross-Sectoral Approach |
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107 | (22) |
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7 A Cross-Sectoral Analysis Of Micro-Prudential Regulation |
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129 | (32) |
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161 | (66) |
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8A A Cross-Sectoral Analysis of Corporate Governance Provisions: About Forests and Trees |
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163 | (38) |
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8B A Cross-Sectoral Analysis of Remuneration Policy Provisions |
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201 | (10) |
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8C Ownership Allocation and Stakeholder Representation in Financial Institutions |
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211 | (16) |
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9 Resolution Regimes In The Financial Sector: In Need Of Cross-Sectoral Regulation? |
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227 | (18) |
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10 Is There A Case For One Cross-Sectoral Compensation Scheme? |
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245 | (10) |
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11 The Cross-Sectoral Playing Field In Outsourcing |
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255 | (32) |
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PART III CONSUMER PROTECTION |
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12 Scope Of Protection: Is There A Ground For A Single Criterion? |
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287 | (16) |
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13 Product Information For Banking, Investment And Insurance Products |
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303 | (14) |
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14 Service Quality (Conduct Of Business) Rules |
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317 | (60) |
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14A Is there a Case for a Cross-Sectoral Duty of Care for the Financial Sector? |
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319 | (24) |
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14B An Assist-Your-Customer Obligation'for the Financial Sector? |
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343 | (34) |
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15 Conflicts Of Interest And Inducements In The Financial Sector |
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377 | (18) |
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16 Product Intervention: A Cross-Sectoral Analysis |
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395 | (10) |
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PART IV SUPERVISION AND INTERNAL MARKET |
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17 A Holistic Approach To The Institutional Architecture Of Financial Supervision And Regulation In The Eu |
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405 | (26) |
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18 What Happens When An Eu Financial Institution Crosses Borders? Time For Consistency? |
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431 | (24) |
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PART V SUMMARY AND CONCLUSIONS |
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19 Summary And Conclusions |
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455 | (10) |
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Index |
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465 | |
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.