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The Single Resolution Mechanism

Book | 1st edition 2017 | United Kingdom | Robby Houben, Werner Vandenbruwaene
Description

On 1 January 2016 the Single Resolution Mechanism (SRM) became fully operational. The SRM creates a framework for the uniform resolution of banks in the euro area and after the Single Supervisory Mechanism (SSM), it is the second pillar of the European Banking Union. Whereas the SSM aims to reduce the risk of bank failure by unifying the supervision of banks, the SRM’s aim is to increase the likelihood that a bank has been made “safe to fail”, if it is likely to fail; and to reduce the risk of a government having to bail out a bank, if it actually fails.

The key actor in the framework of the SRM is the Single Resolution Board (SRB). The SRB is the European agency responsible for the effective and consistent functioning of the SRM. This entails a responsibility for drawing up resolution plans and adopting decisions relating to resolution for the institutions that are within its realm. The actual execution of the adopted resolution scheme must be closely monitored by the SRB, but is carried out by the national resolution authorities (NRA). For institutions that fall outside the scope of the SRB’s powers, the national resolution authorities are competent to adopt resolution plans and to take resolution decisions, albeit under oversight of the SRB. The SRB will be in charge of the Single Resolution Fund, a European pool of money that is transferred from domestic resolution funds, financed by the banking sector and set up to ensure that medium-term funding support is available while a credit institution is being restructured.

This book takes stock after a year of application of the SRM and examines the situation from various perspectives: the perspective of the SRB, the NRA, the supervised bank and judicial protection. Special attention is given to the division of power between the SRB and the NRA and the impact on the supervised bank, the relationship and links between the SRM and the SSM and the query whether the right balance between national and supranational powers has been struck, also in view of the principle of subsidiarity.

With contributions from Pierre E. Berger, Rudi Bonte, Evy De Batselier, Hans Gilliams, Stijn Goovaerts, Yves Herinckx, David Vanderstraeten and Eddy Wymeersch.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9789400007789 / 9781780687353
Series name Privaat en Publiek Financieel Recht - PPFR
Weight 252 g
Status Available
Number of pages x + 142 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Sep 29, 2017
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

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  • Table of contents and preliminary pages
    Robby Houben, Werner Vandenbruwaene
  • Introduction: Recovery and Resolution, Future Solutions for Dealing with Insolvency
    Eddy Wymeersch
  • The Single Resolution Mechanism. Institutional and Financing Arrangements for Bank Resolution in the European Banking Union
  • Introduction
    Pierre Berger, David Vanderstraeten
  • Scope of the SRM Regulation
    Pierre Berger, David Vanderstraeten
  • Institutional framework of the Single Resolution Board
    Pierre Berger, David Vanderstraeten
  • Division of tasks between the Single Resolution Board and NRAs
    Pierre Berger, David Vanderstraeten
  • Cooperation and information exchange within the SRM
    Pierre Berger, David Vanderstraeten
  • Resolution process
    Pierre Berger, David Vanderstraeten
  • The Single Resolution Fund
    Pierre Berger, David Vanderstraeten
  • What will the future bring for banking resolution within the European Banking Union?
    Pierre Berger, David Vanderstraeten
  • Resolution from the Belgian Resolution Authority's Perspective
  • Introduction
    Evy de Batselier
  • Resolution from an institutional perspective
    Evy de Batselier
  • Division of tasks
    Evy de Batselier
  • Two phaces of resolution - Preparation and actual resolution
    Evy de Batselier
  • Resolution Financing
    Evy de Batselier
  • Conclusion
    Evy de Batselier
  • Judicial Protection in the Single Resolution Mechanism
  • Introduction
    Yves Herinckx
  • The Appeal Panel
    Yves Herinckx
  • The Court of Justice of the European Union
    Yves Herinckx
  • National courts
    Yves Herinckx
  • Conclusion
    Yves Herinckx
  • The Rules on State Aid and the Framework for Bank Resolution
  • Foreplay: State aid rules as precursor and inspiration for the Single Resolution Mechanism
    Hans Gilliams, Stijn Goovaerts
  • Interplay: The possibility of authorizing R&R aid within the Single Resolution Mechanism
    Hans Gilliams, Stijn Goovaerts
  • Concluding Remarks on Resolution and Resolvability Challenges
  • The move from policy design to implementation
    Rudi Bonte
  • The complex process of pulling the resolution trigger
    Rudi Bonte
  • The comprehensive menu for the resolution authorities
    Rudi Bonte
  • The drivers to achieve resolvability
    Rudi Bonte
  • The learning points from crisis management
    Rudi Bonte