This book focuses on the enforcement of EU financial law on the national and supra-national levels. Emphasis is laid on the interaction between the EU and national levels (vertical interaction), as well as between the private, administrative, and criminal law levels (horizontal interaction). The book takes a multi-jurisdiction and inter-disciplinary approach and covers a range of issues that are highly topical, such as the new EU Anti-Money Laundering regime, and the ReNEUAL model for administrative law.
Over the last few decades, EU financial law has grown exponentially. Virtually all these new rules and regulations require enforcement. However, the EU legislator generally has been reluctant to regulate enforcement at the national level, and often does not prescribe whether enforcement should take place through national criminal, administrative, or private law. This results in both practical and fundamental questions for the legal practitioner and the academic. This book addresses those questions.
With contributions by leading academics and senior members of EU and national institutions, the book will be of interest to professionals dealing with financial law in their daily practice such as lawyers, bankers, policy makers, officers at supervisory authorities, and judges, but also for academics interested in fundamental questions of interaction between legal systems.
Les mer
1. Enforcement of EU Financial Regulation and Investor Protection
Matthias Haentjens (Leiden University, the Netherlands), Rijnhard Haentjens (University of Amsterdam, the Netherlands and Jan Crijns (Leiden University, the Netherlands)
2. The Implementation and Enforcement of European Financial Regulation
Eddy Wymeersch (University of Ghent, Belgium)
3. Some Thoughts on the Ratio, Creation and Enforcement of EU Financial Services Regulation in Private Law
Karl-Philipp Wojcik (Single Resolution Board, Belgium)
4. Enforcement of Qualitative Capital Requirements for Banks
Bart Joosen (VU Amsterdam, the Netherlands)
5. Administrative Enforcement of European Financial Regulation
Saskia Nuijten (NautaDutilh, the Netherlands)
6. The EU Courts as Juges de Droit National in the Single Supervisory Mechanism?
Jouke Tegelaar (Leiden University, the Netherlands)
7. Criminal Enforcement of EU Financial Standards
Daan Doorenbos (Stibbe, the Netherlands; Radboud University Nijmegen, the Netherlands)
8. Full Cooperation versus the Right not to Incriminate Oneself: Oil and Water?
Joost Nan (Wladimiroff Advocaten, the Netherlands; Erasmus University Rotterdam, the Netherlands)
9. The Enforcement Paradox of the Ne Bis in Idem Principle in EU Criminal Financial Law: Not what it Seems
Rijnhard Haentjens (University of Amsterdam, the Netherlands)
10. European Strategies against Money Laundering: A Critical Overview of Current and Future Enforcement
Silvia Allegrezza (University of Luxembourg)
11. Concluding Remarks on Interdisciplinarity and Fairness in Financial Law
Jan Crijns (Leiden University, the Netherlands), Matthias Haentjens (Leiden University, the Netherlands) and Rijnhard Haentjens (University of Amsterdam, the Netherlands)
Les mer
This book addresses various topical questions regarding the enforcement of EU financial law on the national and supra-national levels, with special attention to the interaction between private, administrative, and criminal law.
Les mer
Takes a novel approach by integrating private law, administrative law, and criminal law
Stimulating works on commercial law, banking and finance, and the law on insolvency and bankruptcy.
This series offers a venue for publishing works on commercial law as well as on the regulation of banking and finance, and the law on insolvency and bankruptcy. It publishes works on the law on secured credit, the regulatory and transactional aspects of banking and finance, the transactional and regulatory institutions for financial markets, legal and policy aspects associated with access to commercial and consumer credit, new generation subjects having to do with the institutional architecture associated with innovation and the digital economy including works on blockchain technology, works on the relationship of law to economic growth, the harmonisation or unification of commercial law, transnational commercial law, and the global financial order. The series promotes interdisciplinary work. It publishes research on the law using the methods of empirical legal studies, behavioural economics, political economy, normative welfare economics, law and society inquiry, socio-legal studies, political theory, and historical methods. Its coverage includes international and comparative investigations of areas of law within its remit.
Les mer
Produktdetaljer
ISBN
9781509959785
Publisert
2023-12-28
Utgiver
Vendor
Hart Publishing
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, U, 06, 05
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
288