Article 29a – Towards a new Strategic Dimension in Supervisory Convergence?

IF 1.3 Q1 LAW

European Company and Financial Law Review Pub Date : 2023-11-27 DOI:10.1515/ecfr-2023-0022

Niels Skovmand Rasmussen, Nina Dietz Legind

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Abstract

409As part of the 2019 reform of the European System of Financial Supervision, the three European Supervisory Authorities were granted a completely new convergence tool in Article 29a to promote a common supervisory culture. This tool allows them to identify up to two Union Strategic Supervisory Priorities that the National Competent Authorities shall take into account when drawing up their work programme. The article provides a doctrinal legal analysis of each procedural step in Article 29a; from information gathering to assessment of national work programmes and follow-up measures. On this basis, it is argued that Article 29a has expanded the scope of the ESAs’ existing toolkit; from the operational to the strategic level. Hereby the USSPs have essentially brought a new strategic orientation to the former level 3 of the Lamfalussy process. However, this institutional development also raises several key challenges related to the ESA/NCA relationship that call for attention in the further development of this convergence tool.410

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第29a条-迈向监管融合的新战略维度?

409作为2019年欧洲金融监管体系改革的一部分，三个欧洲监管机构在第29a条中获得了一个全新的融合工具，以促进共同的监管文化。这一工具使它们能够确定至多两个联盟战略监督优先事项，国家主管当局在制定其工作方案时应考虑到这些优先事项。该条对第29a条中的每个程序步骤进行了理论法律分析;从信息收集到评估国家工作方案和后续措施。在此基础上，有人认为第29a条扩大了欧空局现有工具包的范围;从业务层面到战略层面。因此，ussp实质上为Lamfalussy进程的前第三阶段带来了新的战略方向。然而，这一体制发展也提出了与欧空局/国家气象局关系有关的若干关键挑战，要求在进一步发展这一汇合工具时予以注意

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来源期刊

European Company and Financial Law Review LAW-

CiteScore

1.00

自引率

16.70%

发文量

期刊介绍： In legislation and in case law, European law has become a steadily more dominant factor in determining national European company laws. The “European Company”, the forthcoming “European Private Company” as well as the Regulation on the Application of International Financial Reporting Standards (“IFRS Regulation”) have accelerated this development even more. The discussion, however, is still mired in individual nations. This is true for the academic field and – even still – for many practitioners. The journal intends to overcome this handicap by sparking a debate across Europe on drafting and application of European company law. It integrates the European company law component previously published as part of the Zeitschrift für Unternehmens- und Gesellschaftsrecht (ZGR), on of the leading German law reviews specialized in the field of company and capital market law. It aims at universities, law makers on both the European and national levels, courts, lawyers, banks and other financial service institutions, in house counsels, accountants and notaries who draft or work with European company law. The journal focuses on all areas of European company law and the financing of companies and business entities. This includes the law of capital markets as well as the law of accounting and auditing and company law related issues of insolvency law. Finally it serves as a platform for the discussion of theoretical questions such as the economic analysis of company law. It consists of articles and case notes on both decisions of the European courts as well as of national courts insofar as they have implications on European company law.