The European system of financial supervision – regulatory impact assessment

Complexity and uncertainty in the application of the regulations of the European system of financial supervision are due to the fact that its particular elements were implemented over a period of time. First, it was a system of European financial supervision authorities i.e. the European Banking Aut...

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Main Authors: Mariusz Szpringer, Włodzimierz Szpringer
Format: Article
Language:English
Published: University of Warsaw 2017-06-01
Series:Journal of Banking and Financial Economics
Subjects:
Online Access:https://jbfe.wz.uw.edu.pl/resources/html/article/details?id=209716
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author Mariusz Szpringer
Włodzimierz Szpringer
author_facet Mariusz Szpringer
Włodzimierz Szpringer
author_sort Mariusz Szpringer
collection DOAJ
description Complexity and uncertainty in the application of the regulations of the European system of financial supervision are due to the fact that its particular elements were implemented over a period of time. First, it was a system of European financial supervision authorities i.e. the European Banking Authority (EBA), the European Insurance and the Occupational Pensions Authority (EIOPA) and the European Securities and Markets Authority (ESMA), whose main objective was to coordinate national actions. Then there were established the European Banking Union, including the Single Supervisory Mechanism (SSM), the Single Resolution Mechanism (SRM), as well as the European Stability Mechanism (ESM), which constitutes also a part of the system of support for endangered banks. Legal interpretation problems are a result of differences in the scope of competences of these entities. For example, there is uncertainty whether the regulations refer to the eurozone or the whole European Union and if they refer to banks only or to other financial institutions as well. An analysis of the SSM, the SRM or the ESM does not always offer a clear answer to questions such as: who, when and using what tools should act; when, for example, the ECB may and should correct the decisions of national supervisors; what is the role of the ESRB, if we take account of the enhanced competences of the ECB in the banking union; if and when banks may question supervisory decisions concerning, for example, establishing a buffer or classifying an institution as SIFI, etc. Similarly, the role of the EBA or the ESM is unclear in the context of the establishment of the banking union, the SSM, the SRM, the ESM and the delegation of power of the ECB and the European Commission to regulatory agencies (Meroni doctrine) or the practice of establishing regulatory agencies outside the bounds of the treaty (Pringle doctrine). Therefore the regulatory landscape in this context requires impact assessment.
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spelling doaj.art-bb4ae22670de44f68630235dddfbf1282024-04-02T13:30:05ZengUniversity of WarsawJournal of Banking and Financial Economics2353-68452017-06-01201728410410.7172/2353-6845.jbfe.2017.2.4The European system of financial supervision – regulatory impact assessmentMariusz Szpringer0 Włodzimierz Szpringer1Warsaw School Of EconomicsWarsaw School Of Economics Complexity and uncertainty in the application of the regulations of the European system of financial supervision are due to the fact that its particular elements were implemented over a period of time. First, it was a system of European financial supervision authorities i.e. the European Banking Authority (EBA), the European Insurance and the Occupational Pensions Authority (EIOPA) and the European Securities and Markets Authority (ESMA), whose main objective was to coordinate national actions. Then there were established the European Banking Union, including the Single Supervisory Mechanism (SSM), the Single Resolution Mechanism (SRM), as well as the European Stability Mechanism (ESM), which constitutes also a part of the system of support for endangered banks. Legal interpretation problems are a result of differences in the scope of competences of these entities. For example, there is uncertainty whether the regulations refer to the eurozone or the whole European Union and if they refer to banks only or to other financial institutions as well. An analysis of the SSM, the SRM or the ESM does not always offer a clear answer to questions such as: who, when and using what tools should act; when, for example, the ECB may and should correct the decisions of national supervisors; what is the role of the ESRB, if we take account of the enhanced competences of the ECB in the banking union; if and when banks may question supervisory decisions concerning, for example, establishing a buffer or classifying an institution as SIFI, etc. Similarly, the role of the EBA or the ESM is unclear in the context of the establishment of the banking union, the SSM, the SRM, the ESM and the delegation of power of the ECB and the European Commission to regulatory agencies (Meroni doctrine) or the practice of establishing regulatory agencies outside the bounds of the treaty (Pringle doctrine). Therefore the regulatory landscape in this context requires impact assessment.https://jbfe.wz.uw.edu.pl/resources/html/article/details?id=209716european banking unioneuropean central banksingle supervisory mechanismsingle resolution mechanismeuropean stability mechanismmeronidoctrineregulatory impact assessment
spellingShingle Mariusz Szpringer
Włodzimierz Szpringer
The European system of financial supervision – regulatory impact assessment
Journal of Banking and Financial Economics
european banking union
european central bank
single supervisory mechanism
single resolution mechanism
european stability mechanism
meroni
doctrine
regulatory impact assessment
title The European system of financial supervision – regulatory impact assessment
title_full The European system of financial supervision – regulatory impact assessment
title_fullStr The European system of financial supervision – regulatory impact assessment
title_full_unstemmed The European system of financial supervision – regulatory impact assessment
title_short The European system of financial supervision – regulatory impact assessment
title_sort european system of financial supervision regulatory impact assessment
topic european banking union
european central bank
single supervisory mechanism
single resolution mechanism
european stability mechanism
meroni
doctrine
regulatory impact assessment
url https://jbfe.wz.uw.edu.pl/resources/html/article/details?id=209716
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