Banking Resolution and Crisis Management Framework: Between National and EU Law
摘要
This chapter focuses on the third pillar of banking resolution, briefly characterising, (i) on the one hand, its key components and chief goals and (ii) on the other hand, underlining the technical and institutional complexity it entails at a vertical level, proceeding then to (iii) review the very delicate interplay within the Single Resolution Mechanism (‘SRM’) between the supranational/EU level, of the Single Resolution Board (‘SRB’) and national level involving National Resolution Authorities within the Eurozone (‘NRAs’), incidentally touching, albeit in a very succinct manner, some aspects of cross-border resolution going beyond the boundaries of EBU and even of the EU. Also in that process, we purport to (iv) critically discuss the fundamental elements determining resolution interventions at the EU level resolution on the basis of so-called the public interest test, which is absolutely decisive to the pivotal decision as to whether bank failures are handled at supranational level through a European resolution process or at a national level. Complementarily, we also tentatively—however briefly—place such discussion in the (v) wider context of the potential reform of the key parameters of the European Crisis Management framework, bearing in mind the 2021 Commission Public Consultation on the review of the crisis management and deposit insurance framework and the prospects for reforming such framework.