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Multilevel cooperation in the EU resolution of cross-border bank groups: lessons from the non-euro area Member States joining the Single Resolution Mechanism (SRM).

Authors :
Smoleńska, Agnieszka
Source :
Journal of Banking Regulation; Mar2022, Vol. 23 Issue 1, p42-53, 12p
Publication Year :
2022

Abstract

Cross-border banking presents a unique set of challenges in the EU from the perspective of arranging administrative oversight structures. Structuring cooperation between different EU and national authorities in a way which is conducive to trust-building and mutual engagement is an essential condition for overcoming disintegrative tendencies in the internal market. To assess how the existing EU arrangements fare in this regard in the context of EU resolution law, this article comparatively analyses the different models of multilevel administrative cooperation in the post-crisis EU framework. These are specifically the centralised model of the European Banking Union (Single Resolution Mechanism) and the relatively looser networked model of the resolution colleges. The multilevel cooperation under both models is nuanced given the distinct roles of the national resolution authorities, EU agencies and the differentiated status of non-euro area Member States in the EBU (Croatia, Bulgaria). The article's findings allow to identify specific problems of constitutional nature pertaining to the accountability of administrative cooperation, equality of Member States and the implications of Meroni doctrine's distortive effects. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
17456452
Volume :
23
Issue :
1
Database :
Complementary Index
Journal :
Journal of Banking Regulation
Publication Type :
Academic Journal
Accession number :
155465428
Full Text :
https://doi.org/10.1057/s41261-021-00160-6