EU Bank Governance and Bail-In
A Legal and Financial Analysis on the Role of Long-Term Creditors
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Beschreibung
This book examines how the European bank recovery and resolution framework shapes bank governance and decision‑making, and how a clear and credible institutional regime for bank failure can strengthen banks’ resilience. It analyses the effects of the current resolution framework on bank governance by focusing on the ex‑ante expectations it creates for bank decision‑makers. Addressing a gap in the literature, the book shows how the new resolution regime for ailing banks has the potential to improve both the quality of bank governance and institutional resilience. However, the analysis reveals that such a potential is not fully exploited because of the complexity and the lack of credibility of the resolution framework. Finally, it identifies areas for further regulatory intervention, particularly in fine‑tuning debt governance within the resolution framework, with a view to further enhancing bank governance. The book will be of interest to scholars, instructors, and policymakers working in financial regulation, banking regulation, and financial law.
Edoardo D. Martino is Associate Professor of Law at the Amsterdam Center for Law and Economics, University of Amsterdam and a Research Associate at the European Banking Institute (EBI). Before joining the UvA, Edoardo earned his PhD in Law and Economics at Erasmus University Rotterdam, an LL.M. from the European Master in Law and Economics – EMLE (with distinction) and Law Degree from University of Florence. He held visiting positions in several Universities, including the European University Institute, Goethe University Frankfurt, LUISS University, and Oxford University. His research focuses on corporate governance, financial regulation, and the regulation of cryptoassets.
This book examines how the European bank recovery and resolution framework shapes bank governance and decision‑making, and how a clear and credible institutional regime for bank failure can strengthen banks’ resilience. It analyses the effects of the current resolution framework on bank governance by focusing on the ex‑ante expectations it creates for bank decision‑makers. Addressing a gap in the literature, the book shows how the new resolution regime for ailing banks has the potential to improve both the quality of bank governance and institutional resilience. However, the analysis reveals that such a potential is not fully exploited because of the complexity and the lack of credibility of the resolution framework. Finally, it identifies areas for further regulatory intervention, particularly in fine‑tuning debt governance within the resolution framework, with a view to further enhancing bank governance. The book will be of interest to scholars, instructors, and policymakers working in financial regulation, banking regulation, and financial law.
Addresses the impact of the recovery and resolution framework for ailing banks on the governance of European banks Shows how the new resolution framework for ailing banks could enhance the quality of bank governance and resilience Identifies room for further regulatory interventions fine-tuning debt governance
Autor*in
Edoardo D. Martino
Themen in »EU Bank Governance and Bail-In«
ailing banks the decision-making process of banking institutions bank corporate governance financial regulation bank resilience The EU Bank Resolution Framework banking regulation banking law