European and international banking and financial regulation.

Authors Publication date
2020
Publication type
book
Summary The back cover states: "The issue of banking and financial regulation is not new. However, it has taken on a new dimension since the crisis of September-October 2008, followed shortly thereafter by the Madoff affair and, in 2010-2011, by the sovereign debt crisis. These events have affected many countries and have led to a review and deepening of the rules applicable to the banking and financial sector, in order to preserve the security and stability of markets, actors and states in a world without borders. The question is whether we are better protected today than in 2008: the answer is controversial! Security is one of the major themes of regulation, but it is not the only one: integrity and transparency are others. We could also mention customer protection, new technologies and sustainable development, all of which have become increasingly important in recent years. This is not surprising given globalization. This explains why a national response alone is insufficient: a European and international response is essential. The actors of the European and international framework are little known. It is therefore important to devote some space to them - the European Supervisory Authorities (ESAs), the Banking Union and the "different Gs", such as the G20, are studied in particular - even if the responses provided by the European and international authorities constitute the main part of the book, which highlights the work of the Basel Committee, the IOSCO, the FATF and the FSB, as well as the European texts at levels 1 (European Parliament and Council), 2 (European Commission) and 3 (ESA). In addition to Covid-19, the new edition includes three main additions: - the latest reforms, in particular the texts concerning ESAs (December 18, 2019), prudential supervision of investment firms (November 27, 2019) and central counterparties (October 23, 2019), covered bonds (November 27, 2019), sustainability reporting (November 27, 2019) and sustainable benchmarks (November 27, 2019) . - rulings by both the CJEU and the TEU and the ESAs concerning, for example, prudential regulation of credit institutions (7 August 2018, aff. C-52/17 . 13 July 2018, aff. T-768/16), the cost of credit in the event of early repayment of credit (11 September 2019, aff. C-383/18), the mention of the APR in the credit agreement (19 December 2019, aff. C-290/19), the consumer status of CFD buyers (October 3, 2019, aff. C-208/18), the challenge to the downgrading of the credit rating scale in the context of prudential regulation (EBA, BoA-D-2019-05), the sanctioning of companies issuing credit ratings without being a credit rating agency (Decision 2019/4, ESMA41-139-1231) . - the enrichment of the "Debates, Studies, Focus, Moods, Readings and Opinions" sections: for example, the professional secrecy provided for by the MiFID texts tested by European case law, access to ECB documents, legitimate behavior and pre-takeover pick-up, supervisory briefings, innovation hubs, regulatory sandboxes and Stablecoins."
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