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Financial Law and Management

Legal Regulation of Banking Supervision in the EU
Kasyanov Rustam Albertovich

PhD in Law

Docent, the department of European Law, Moscow State Institute of International Relations of the Ministry of Foreign Affairs of Russia

119454, Russia, g. Moscow, ul. Prospekt Vernadskogo, 76



Bizyaeva Anastasiya Andreevna

student of the Department of International Law at Moscow State Institute of International Relations

119454, Russia, g. Moscow, prospekt Vernadskogo, 76



The subject of the research is the Banking Union of the EU as a new legal phenomenon , in particular, how it has been developing in co-operation with European and national specialized financial institutions as well as international banking laws. The authors place a special emphasis on the description and analysis of historical and legal facts allowing to better understand the nature and main goals of the Banking Union as well as its place in the overall system of financial relations of the EU. The authors demonstrate a close connection between new competent authorities of the Banking Union and European Banking Authority that was created for many purposes including regulation and supervision over the banking sector. The methodological basis of the research implies general and special research methods including historical, dialectical methods, systems approach and formal law method. In the course of their research the authors have made a list of the main legal acts that regulate the development of the Banking Union of the EU and have performed their system analysis. The authors conclude that in the EU financial regulatino has a systemic and complex nature and the Banking Union is just an another topical direction of the EU financial integration that has been quite a success so far. 

Keywords: Joint Supervisory Teams, Memorandum of Understanding, Single Rulebook, European Banking Authority, Single Supervisory Mechanism, European Central Bank, banking supervision, Banking Union, Basel Accord, Basel Committe



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Molyneux P., Boccuzzi G. The European Banking Union: Supervision and Resolution. England: Palgrave Macmillan, 2016. P. 2.
Council Regulation (EU) 1024/2013 of 15 October 2013 on conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions. Available at: http://www.europarl.europa.eu/document/activities/cont/201311/20131104ATT73792/20131104ATT73792EN.pdf (accessed 20.01.2018)
Treaty on the functioning of the European Union. Available at: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012E/TXT (accessed 20.01.2018)
Busch D., Ferrarini G. European Banking Union. NY. Oxford University Press, 2015. P. 20
Directive of the European Parliament and of the Council 2013/36/EU of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC. Available at: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013L0036 (accessed 20.01.2018)
ECB Guide to banking supervision. Frankfurt am Main, 2014. P. 8.
Regulation (EU) 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation). Available at: https://www.ecb.europa.eu/ecb/legal/pdf/celex_32014r0468_en_txt.pdf (accessed 21.01.2018)
Wissink L. Challenges to an Efficient European Centralized Banking Supervision (SSM): Single Rulebook, Joint Supervisory Teams and Split Supervisory Tasks. Hague: T.M.C. Asser Press, 2017. P. 446447.
Olsen M. Bankovskii nadzor: evropeiskii opyt i rossiiskaya praktika. M.: Predstavitel'stvo Evropeiskoi Komissii v Rossii, 2005. C. 24.
Linnikov A. S. Pravovoe regulirovanie bankovskoi deyatel'nosti i bankovskii nadzor v Evropeiskom Soyuze. M.: Statut, 2009. C. 135.
Andenas M., Deipenbrock G. Regulating and Supervising European Financial Markets. Oslo, Berlin: Springer, 2016. P. 285.
Lefterov A. The Single Rulebook: legal issues and relevance in the SSM context // ECB Legal Working Paper Series.-2015.-15.-P. 5.
Kern A. The Role of Basel Standards in International Banking Supervision // Working Paper.-2000. 153. P. 20.
Armour J., Awrey D. Principals of Financial Regulation. Oxford: Oxford University Press, 2016. P. 295.
Speech Sabina Lautenschleger at a seminar of the European Banking Institute (EBI), organized by the ECB. Frankfurt, 01.27.2016. Available at: https://www.bankingsupervision.europa.eu/press/speeches/date/2016/html/se160127.en.html (accessed 21.01.2018)