Inter-agency Cooperation Within the SRM: Legal and Operational Challenges for the Cooperation Between Banking Supervision and Resolution Authorities in the EU and With Third-country Authorities

IF 1.3 Q1 LAW

European Company and Financial Law Review Pub Date : 2022-12-01 DOI:10.1515/ecfr-2022-0023

Jens-Hinrich Binder

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Abstract

Abstract 900 In bank resolution, swift and effective cooperation of different actors is of essence, particularly in cross-border cases. While the same can be said about cross-border insolvency management generally, the European framework for the recovery and resolution of failing banks and, in particular, the centralisation of resolution powers within the Single Resolution Mechanism stand out as particularly complex – and, at the same time, remains to some extent untested to the present date. Against this backdrop, the present article explores the statutory framework for cooperation between the Single Resolution Board, the European Central Bank in its capacity as supervisory authority within the Single Supervisory Mechanism, National Resolution Authorities and Third Country authorities. It concludes that, while the legal and institutional arrangements governing inter-agency cooperation are generally sound, operationalisation in actual cases might still be exposed to unexpected disruptions, especially in cases where political interests are at stake.

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SRM内部的机构间合作：欧盟银行监管和处置机构以及与第三国机构合作面临的法律和运营挑战

摘要900在银行决议中，不同行为者的快速有效合作至关重要，尤其是在跨境案件中。虽然跨境破产管理总体上也是如此，但欧洲破产银行的恢复和解决框架，特别是单一解决机制内处置权力的集中，显得特别复杂，同时，到目前为止，在某种程度上仍未经过测试。在此背景下，本文探讨了单一处置委员会、欧洲央行（作为单一监管机制内的监管机构）、国家处置机构和第三国机构之间合作的法定框架。报告的结论是，尽管管理机构间合作的法律和体制安排总体上是健全的，但在实际情况下的运作仍可能受到意想不到的干扰，特别是在涉及政治利益的情况下。

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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.