European Company and Financial Law Review最新文献_第8页

Some Reflections on the Standard of Review in the Experience of the ESAs Joint Board of Appeal and of the SRB Appeal Panel 从ESAs联合上诉委员会和SRB上诉小组的经验看审查标准

IF 0.6

European Company and Financial Law Review Pub Date : 2022-12-01 DOI: 10.1515/ecfr-2022-0027

Marco Lamandini, David Ramos Muñoz

{"title":"Some Reflections on the Standard of Review in the Experience of the ESAs Joint Board of Appeal and of the SRB Appeal Panel","authors":"Marco Lamandini, David Ramos Muñoz","doi":"10.1515/ecfr-2022-0027","DOIUrl":"https://doi.org/10.1515/ecfr-2022-0027","url":null,"abstract":"Abstract 950In light of the experience we surmise that, in the EU law of finance, both for European courts and the BoA and AP the question is not about changing the standards of review as they stand; it is about ensuring that the standard of legality review is meaningfully applied, because the reviewing court or quasi court is capable of engaging in a dialogue with the supervisory institution in its own terms and challenge its reasoning, having due regard to all factual elements of the case. What kind of error of assessment counts as ‘manifest’ cannot be determined independently of the Court’s understanding of what falls within the acceptable range, which, in turn, cannot be established without reference to the court’s willingness to take an hard, or better said, closer look at all factual and legal elements of the reasoning. Thus, albeit with nuances often determined by the specific features of each case, in the supervisory and resolution context it seems to us that the marginal v full review debate is, in the Banking Union, more academic than practical and that a full assessment of facts, to the extent that procedural rules allow a proactive evidentiary role, Q&A and expert witness, and a stringent review of the interpretation and application of law (and thus of the substantive legality) is possible, and thus full legal accountability and full effective judicial protection is warranted.951","PeriodicalId":54052,"journal":{"name":"European Company and Financial Law Review","volume":"19 1","pages":"950 - 970"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48032730","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Conference – Panel II – Role, Scope of Review and Significance of Internal Administrative Review Bodies in the Banking Union and in the European System of Financial Supervision 法律会议-第二小组-内部行政审查机构在银行业联盟和欧洲金融监管体系中的作用、审查范围和意义

IF 0.6

European Company and Financial Law Review Pub Date : 2022-12-01 DOI: 10.1515/ecfr-2022-0030

Ana Raquel Lapresta Bienz, Joan M. Rius Riu

引用次数: 0

The Financial Appeal Bodies of the European Union: Nature and Future of the Appeal Panel of the Single Resolution Board 欧盟财政上诉机构:单一决议委员会上诉小组的性质和未来

IF 0.6

European Company and Financial Law Review Pub Date : 2022-12-01 DOI: 10.1515/ecfr-2022-0025

R. Lastra, Marco Bodellini

{"title":"The Financial Appeal Bodies of the European Union: Nature and Future of the Appeal Panel of the Single Resolution Board","authors":"R. Lastra, Marco Bodellini","doi":"10.1515/ecfr-2022-0025","DOIUrl":"https://doi.org/10.1515/ecfr-2022-0025","url":null,"abstract":"Abstract 936The three financial appeal bodies established in the EU (Board of Appeal of the European Supervisory Authorities, Administrative Board of Review of the SSM, and Appeal Panel of the Single Resolution Board) have certainly a number of advantages. Particularly, their technical expertise in matters of financial supervision and resolution makes them well placed to understand the intricacies, complexities and reactions of financial markets. The members of these bodies are individuals of high repute, with a proven record of relevant knowledge and professional experience and are not bound by any instructions, thereby acting independently and in the public interest. Yet, there are also drawbacks as the nature of these financial appeal bodies is hybrid, quasi-judicial, combining features from both advisory committees and courts of justice. Also, the legal regime applicable to these financial appeal bodies is both complex and not uniform. The rationale of the new European financial regulatory regime post GFC, which prompted the creation of the appeal bodies, resides in the primacy of financial stability and public interest considerations. Although there is no doubt that administrative decisions need to be motivated if they are to be reviewed, most of such decisions in the area of banking and finance are very complex and yet timing is crucial for them to be effective. On these grounds, legitimacy and accountability are of utmost importance for any democratic system to properly function; however, the more complex the activity, the more difficult it is to establish clear standards of conduct and specific outcomes.937","PeriodicalId":54052,"journal":{"name":"European Company and Financial Law Review","volume":"19 1","pages":"936 - 949"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47705826","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Panel I of the SRB Legal Conference – Legal and Operational Challenges That Arise in Respect of the Cooperation Between Banking Supervision and Resolution Authorities in the EU and in Respect of Their Cooperation with Third-Country Authorities SRB法律会议第一小组——欧盟银行监管和处置机构之间的合作及其与第三国机构的合作所产生的法律和运营挑战

IF 0.6

European Company and Financial Law Review Pub Date : 2022-12-01 DOI: 10.1515/ecfr-2022-0036

Eleonora Paggi, Cristiano Martinez

引用次数: 0

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 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

IF 0.6

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

Jens-Hinrich Binder

{"title":"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","authors":"Jens-Hinrich Binder","doi":"10.1515/ecfr-2022-0023","DOIUrl":"https://doi.org/10.1515/ecfr-2022-0023","url":null,"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.","PeriodicalId":54052,"journal":{"name":"European Company and Financial Law Review","volume":"19 1","pages":"900 - 916"},"PeriodicalIF":0.6,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49530992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The ‘judicial’ control of discretionary measures in banking and financial fields: the role of EU Courts (and Boards of Appeal) 银行和金融领域自由裁量措施的“司法”控制：欧盟法院（和上诉委员会）的作用

IF 0.6

European Company and Financial Law Review Pub Date : 2022-12-01 DOI: 10.1515/ecfr-2022-0035

M. Condinanzi

引用次数: 0

Some Modern Trends of Legal Regulation of Tax Beneϐits and Preferences on Corporate Property Tax in the Tax Code of the Russian Federation 税收法律规制的现代趋势Beneϐits与俄罗斯联邦税法中企业财产税的优惠

IF 0.6

European Company and Financial Law Review Pub Date : 2022-10-06 DOI: 10.18572/1813-1220-2022-10-25-29

Kirill N. Grigorov

引用次数: 0

Review of the Financial Law Textbook Edited by V.F. Popondopulo and D.A. Petrov — Moscow : Prospect, 2021. — 576 p. V.F. Popondopulo和D.A. Petrov编辑的金融法教科书评论-莫斯科:展望，2021。- 576 p。

IF 0.6

European Company and Financial Law Review Pub Date : 2022-10-06 DOI: 10.18572/1813-1220-2022-10-42-45

E. Gracheva, Marina V. Karaseva (Sentsova), E. Pokachalova, A. Sitnik

引用次数: 0

Use of the Principle of Subsidiarity in Formation of Regional Payment Obligations 辅助原则在区域支付义务形成中的应用

IF 0.6

European Company and Financial Law Review Pub Date : 2022-10-06 DOI: 10.18572/1813-1220-2022-10-18-22

I. Andreechev

引用次数: 0

On the Issue of Implementing the Regimen of Tax Consolidation into the VAT Legal Regulation in the Russian Federation 论在俄罗斯联邦增值税法律规制中实施税收合并制度的问题

IF 0.6

European Company and Financial Law Review Pub Date : 2022-10-06 DOI: 10.18572/1813-1220-2022-10-23-24

Dmitry G. Bachurin

引用次数: 0