Einde inhoudsopgave
Public funding of failing banks in the European Union (LBF vol. 19) 2020/1.3.2
1.3.2 Scientific and social relevance of the research question
mr. M. Louisse-Read, datum 01-06-2020
- Datum
01-06-2020
- Auteur
mr. M. Louisse-Read
- JCDI
JCDI:ADS213697:1
- Vakgebied(en)
Financieel recht / Europees financieel recht
Staatssteun (V)
Voetnoten
Voetnoten
There are of course also some good examples of contributions from legal authors that focus on this topic (e.g. Lo Schiavo EBORL 2018, Bodellini EBORL 2018, Schillig 2018, Laprévote and Gray 2017, Babis LFMR 2016, Micossi, Bruzzone and Cassella CEPR 2016, Hadjiemmanuil EE 2016, Gardella 2015, Lannoo EStAL 2014, Dewatripont IJoIO 2014, Kokkoris ICR 2013).
According to Véron “(…) the context for future SRB activity will be materially affected by the development of EU state aid control in the banking sector (…) Whether and how this changes in the future is a critically important space to watch.” (Véron 2019, p. 15-16). Lastra, Russo and Bodellini mention that: “Aligning the provisions of the state aid framework with the provisions of the resolution regime in relation to public intervention is of paramount importance.” (Lastra, Russo and Bodellini 2019, p. 6).
See e.g. FT, Berlin leads backlash against Italian bank rescue, 26 June 2017; FT, Why Italy’s €17bn bank rescue deal is making waves across Europe, 26 June 2017; FT, ECB confirms that two struggling Italian banks will close, 24 June 2017; FT, New year, old problems for Italy’s banking sector, 26 December 2018.
The literature on public funding of failing banks is mainly written from an economic, political and social perspective.1 This dissertation aims to contribute to the ongoing debate on public funding of failing banks from a legal point of view.2 The debate is multi-angled, as it does, for example, cover issues in relation to finding the balance between financial stability, competition and protecting taxpayers, the desirability of public funding, the shift of powers from Member States to European institutions, such as the ECB and the SRB, the completion of the Economic and Monetary Union (EMU) and the development of the internal market in and outside the Eurozone.
The ongoing turmoil in the Italian banking sector shows that such a debate is still necessary.3 Also, at the time of writing this dissertation, 10 years after the start of the GFC, predictions of a new crisis are already being made.4 Although no one hopes for a new systemic crisis, crises can also contribute to necessary reforms and progression. It is because of the GFC that we now have the resolution framework for the banking sector, which makes the EU hopefully more resilient to a next crisis.
Taking into account the very short timeframe in which the resolution framework has been adopted, it needs more time, however, to be further completed and solidified. This dissertation aims to contribute to that process by focussing on the coherence between the State aid regime for the banking sector and the resolution framework. It may be of interest not only to policymakers, but also to practitioners dealing with questions from clients in practice. In addition, it aims to contribute to the scholarly debate by engaging in the development of arguments in discussions that are not yet settled. Ultimately, this dissertation aims to ensure that the law is correctly and transparently applied in the realization of EU goals in order to (re)gain the trust of EU citizens.