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This is the first book to offer a profound, practical analysis of the framework for the judicial and pre-judicial protection of rights under the supranational banking supervision and resolution powers in the European Banking Union (EBU). It is also unique in its in-depth commentary on the developing case law from the European Court of Justice in this new field of EU litigation. Key features include: clarity on the procedural requirements for judicial review a comprehensive commentary on the existing case law of EU courts in the field insight and analysis from front-line practitioners, as well as expert scholars a detailed and up-to-date examination of banking supervision and resolution in the EBU discussion of the development of EBU law as a crucial area of EU law and its integration into the EU's legal order. This book is a must-read for practitioners in the field of banking law and regulation. In particular it will be the authoritative reference point for those working in European and national public institutions such as supervisory and resolution authorities, courts, central banks and ministries of finance, as well as those working in or advising private organisations concerned with the exercise of supervisory and resolution powers. The book will also be of significant interest to scholars and postgraduate students of EU financial and banking law and governance.
The COVID-19 pandemic and the global response to it has led to a major upheaval of the international banking sector. This book has an international reach and constitutes a blend between theory and international, EU, comparative and national law and practice, with the primary purpose to review the impact of the COVID-19 pandemic on the architecture and content of international monetary and banking law. Part I is focused on this aspect, considering the response of international financial fora and some major central banks all over the globe to the crisis. A secondary purpose is considered in Parts II and III, offering a thorough overview, analysis, and discussion of two main issues which currently are of a significant importance for, and have heavy impact on, the law governing monetary policy and relations, banking regulation and payment systems law: (i) digitalisation of money and finance and (ii) sustainable finance. Other selected legal aspects relating to central banking, as well as to banking regulation and supervision are finally discussed in Part IV, and in particular central banks' independence and accountability, unconventional monetary policies, comparative aspects of central banking and banking failures, legal aspects of monetary integration, and the legal nature of financial standards. The individual Chapters are written, exclusively, by members of the Committee on International Monetary Law of the International Law Association (MOCOMILA) and reflect the global composition of this Committee of leading experts in international monetary and banking law from international financial institutions, central banks, the academia, the judiciary, and legal practice.
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