Author: Seraina Neva Grünewald

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9789041149091

Any policy aimed at resolution of a banking crisis determines which constituents - depositors, creditors, shareholders, the banking industry, and society as a whole - eventually bear the costs associated with a banking crisis, thus giving rise to legitimacy and accountability concerns. Rather than what the recent financial crisis has engendered - mostly ad hoc reactions that socialize losses but not profits - what is required, this incisive analysis shows, is an equitable and viable resolution framework, based on burden sharing, enshrined in law, and designed to deal with bank failures in a way that balances private and public interests. The author explores the design, institutional framework, and practical functioning of such a legal regime under EU law. In the process she discusses such issues as the following: the systemic risk of bank failure; exit regimes for failing banks and banking groups; difficulties produced by the increasing cross-border activities and interconnectedness of the banking sector; resolution tools to minimize the losses of the official sector; the role of various authorities in resolving failing banks; the need for resolution authorities to have robust rules and a certain level of discretion; the potential sources of resolution financing; overcoming resistance to burden-sharing arrangements; the integration potential and political drawbacks of the emerging Banking Union; the deposit insurance responsibilities of Member States; European Central Bank monetary policy operations as a burden-sharing mechanism; and the geographic scope of resolution and burden-sharing regimes and implications for non-participating Member States and third countries.