EU Banking Union

Law, Institutions, and Co-Operation
Erscheinungsjahr 2026
ISBN: 978-0-19-894974-9
Verlag: Oxford University Press

Buch, Englisch, 576 Seiten, Print PDF, Format (B × H): 160 mm x 240 mm, Gewicht: 993 g

Over the past decade, the Banking Union has reshaped the European Union's approach to banking oversight, creating a stronger and more resilient financial system. At its core, this landmark initiative established the European Central Bank (ECB) as the primary supervisor for Banking Union bank areas, introduced a robust resolution regime, and enhanced stability across the sector.

This edited volume offers a comprehensive examination of the Banking Union's legal framework and its ongoing evolution. It addresses pressing questions about governance, accountability, and reform through a multi-dimensional lens, exploring six key areas: horizontal, substantive, institutional, cooperative, review, and external dimensions. The horizontal aspect addresses EU competences, soft law, fundamental rights, and inter-institutional relations. The substantive dimension focuses on the application of national law by the ECB, deposit guarantee schemes, and prudential supervision. Structural considerations focus on new frameworks and their powers, including the European Stability Mechanism and the emerging Anti-Money Laundering Authority. Cooperation is highlighted through EU-national collaboration, composite procedures, and state aid in banking. Oversight is examined via accountability mechanisms, judicial review, and litigation before the Court of Justice of the EU. Finally, external aspects explore the Banking Union's ties with non-eurozone members, EEA countries and Switzerland,

By combining theoretical insights with practical analysis, EU Banking Union provides an original and in-depth understanding of the Banking Union's development, its complex legal architecture, and the challenges that lie ahead.

Autoren/Hrsg.

Weitere Mitwirkende

Bauerschmidt, Jonathan

D'Ambrosio, Raffaele

Fromage, Diane

Jaros, Daniela

Weismann, Paul

Inhaltsverzeichnis

- Introduction: EU Banking Union: Law, Institutions, and Co-operation

- 1: Alberto de Gregorio: The EU Treaties as Living Constitution of the Union in Times of Crisis

- 2: Mariolina Eliantonio and Pavlína Hubkova: EBA Guidelines and Recommendations as Part of the European Single Rulebook in Banking: Soft Law Acts with Hard Effects

- 3: Paul Weismann: Fundamental Rights Protection in the Banking Union

- 4: Concetta Brescia Morra and Federico Pistelli: Relations between EU Bodies in the Banking Union

- 5: Daniela Jaros: The Application of National Law by the ECB

- 6: Diane Fromage and Gaia Chiarini: No EDIS but Revamped DGSs: Is It Sufficient?

- 7: Christy Ann Petit: Supervisory Review and Evaluation Process (SREP): A Strengthened Common Supervisory Action for Effective Crisis Prevention?

- 8: David Brinkman and Asen Lefterov: Navigating Capital, Leverage, TLAC, and MREL Requirements

- 9: Jonathan Bauerschmidt: Meroni Doctrine and the Delegation of Powers to EU Agencies

- 10: Andrea Westerhof Löfflerová: Reformed European Stability Mechanism Fully Respectful of Union Law

- 11: Eugénie d'Ursel: The Financing of the Single Resolution Fund through Ex Ante Contributions: Innovative Financing and Legal Challenges

- 12: Matthias Deissenberger: European System of Financial Supervision and AMLA

- 13: Filipe Brito Bastos and Ieva Huna: The Width and Length of Composite Decision-Making in the European Banking Union

- 14: Edoardo Rulli: The Cooperation between European and National Authorities in the Single Resolution Mechanism

- 15: Audrone Steiblyte: The Complementary Nature of the State Aid in the Banking Union

- 16: Ursula Hauser-Rethaller: Cooperation between National Authorities and the Banking Union regarding Macroprudential Policy: Lawmakers' Intentions and Reality after 10 Years of the EU Macroprudential Framework

- 17: Agnese Pizzolla: Close Cooperation to the Test: The Participation of Non-euro-area Member States in the Banking Union

- 18: Jakub Kerlin: Divergent Paths in Banking Union Oversight: A Comparative Analysis of SRB and ECB Internal Review Bodies

- 19: Menelaos Markakis: The Accountability of the Single Supervisory Mechanism and the Single Resolution Mechanism to the European Parliament

- 20: Carlos Soler Ruiz: The Role of the European Court of Auditors in the Administrative Accountability of the Banking Union

- 21: Jonathan Bauerschmidt, Diane Fromage, and Vanessa Aichstill: Cooperation and Information Exchange In- and Outside the Banking Union: The Use of Memoranda of Understanding

- 22: Mads Andenas and Carsten Zatschler: Inside the Internal Market, Outside the Banking Union: EEA/EFTA States

- 23: Carlo Lombardini: Switzerland and the Banking Union

- Conclusion: Where Does the Banking Union Stand and is it Fit for the Future?

Über Autor(innen)

Jonathan Bauerschmidt is a Member of the Legal Service, Council of the European Union, and Visiting Professor UCLouvain Saint-Louis Brussels. He studied law at the Universities of Constance and Aix-en-Provence and holds a PhD from Humboldt-University Berlin where he explored the effects of public international law treaties on the institutions of the European Union. His research focuses on constitutional and institutional law of the EU, Economic and Monetary Union and the law of financial services.

Raffaele D'Ambrosio is Deputy Head of the Legal Services Directorate of Banca d'Italia and Professor of "European Financial Supervision: Administrative and Judicial Proceedings" at the University of Bologna. He is member of the SSM Legal Committee and the Advisory Board of the European Banking Institute (EBI). During his professional and academic career he worked at the ECB Legal Services Directorate and at the Secretariat of the Italian Markets Authority (Consob) and was Professor of "Law of Financial Institutions" at the University of Bologna and "Banking Law" at the University of Viterbo. He is author of several essays on commercial, banking, and financial law.

Diane Fromage is Professor of European Law at the University of Salzburg and Deputy Director of the Salzburg Centre of European Union Studies. She is the Principal Investigator of the Jean Monnet Centre of Excellence EUCHALLENGES and of the Jubiläumsfonds project EUSOFTLAW. She teaches EU institutional and Internal market law, as well as Economic and Monetary Union and Banking Union law. Prior to joining Salzburg, she was a Marie Sk?odowska-Curie Fellow at Sciences Po, Paris, and an Assistant Professor at Maastricht and Utrecht Universities. She has authored numerous contributions on Economic and Monetary Union, Banking Union, Democracy and Accountability within the EU.

Daniela Jaros is Team Lead of International Affairs and EU regulation at the Austrian Financial Market Authority. Prior to that, she held various position in banking supervision and participated in numerous working groups of the European Central Bank and the European Banking Authority. She holds a law degree from the University of Vienna, a PhD from the European University Institute in Florence and spent several months as Visiting Scholar at the University of Michigan. She has researched, published and lectured on the Eurocrisis, the Economic and Monetary Union and the Banking Union.

Paul Weismann is Associate Professor of European Law at the Salzburg Centre of European Union Studies at the University of Salzburg. He has engaged in teaching and research activities at various universities/research institutes and has published on various topics in the field of EU law, public international law and public law. His research focus is on EU banking law, the Economic and Monetary Union, and questions regarding the enforcement of EU law.