保释：意大利人做得更好（还是更糟，或者根本不做）？

Q2 Social Sciences

European Business Law Review Pub Date : 2021-02-01 DOI:10.54648/eulr2021005

Pierre de Gioia-Carabellese

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引用次数: 0

摘要

银行破产在意大利等一些欧盟司法管辖区造成了严重破坏。银行破产取决于新的解决方案工具，尤其是内部纾困(bail-in)，它赋予行政当局在银行破产时隐藏/注销/减少债权的有争议的权利。在这个国家，银行系统在过去五年中承受着巨大的压力，新规则的应用一直是自成体系的，在某些情况下，明显存在对新法律框架的误用。此外，在Belpaese中存在一些宪法价值，其中储蓄得到明确保护，这可能表明司法当局，特别是意大利宪法法院，将来可能决定在解释一些基本法律条款与新框架的关系方面更加勇敢。银行破产、内部纾困、决议工具、宪法价值、意大利、储蓄保护

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Bail-in: Do Italians Do It Better (or Worse, or Not at All)?

The bank insolvency, hinged upon the new resolutions tools, particularly the bail-in, with its controversial right, bestowed upon an administrative authority, to covert/ write off/reduce the creditor’s rights should the bank fail, has played havoc in some EU jurisdictions, such as Italy. In this country, where the banking system has been put under intense pressure in the last five years, the application of the new rules has been sui generis, in some cases with an apparent misapplication of the new legal framework. Additionally, the existence of some constitutional values in the Belpaese, where the savings are expressly protected, may suggest that the judicial authorities, particularly the Italian Constitutional Court, may in the future decide to be more courageous in the way some fundamental legal provisions should be interpreted in their relationship with the new framework. Bank insolvency, Bail-in, resolution tools, constitutional values, Italy, savings’ protection

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来源期刊

European Business Law Review Social Sciences-Law

CiteScore

1.10

自引率

0.00%

发文量

期刊介绍： The mission of the European Business Law Review is to provide a forum for analysis and discussion of business law, including European Union law and the laws of the Member States and other European countries, as well as legal frameworks and issues in international and comparative contexts. The Review moves freely over the boundaries that divide the law, and covers business law, broadly defined, in public or private law, domestic, European or international law. Our topics of interest include commercial, financial, corporate, private and regulatory laws with a broadly business dimension. The Review offers current, authoritative scholarship on a wide range of issues and developments, featuring contributors providing an international as well as a European perspective. The Review is an invaluable source of current scholarship, information, practical analysis, and expert guidance for all practising lawyers, advisers, and scholars dealing with European business law on a regular basis. The Review has over 25 years established the highest scholarly standards. It distinguishes itself as open-minded, embracing interests that appeal to the scholarly, practitioner and policy-making spheres. It practices strict routines of peer review. The Review imposes no word limit on submissions, subject to the appropriateness of the word length to the subject under discussion.