Four Predictions About the Future of EU Securities Regulation

25 Pages Posted: 24 Mar 2003

See all articles by Gerard Hertig

Gerard Hertig

ETH Zurich; European Corporate Governance Institute (ECGI)

Ruben Lee

Oxford Finance Group

Date Written: January 2003

Abstract

The most recent EU enquiry into why an EU-wide securities market has not developed has been the report prepared by the "Committee of Wise Men" (2001) chaired by Baron Alexandre Lamfalussy. The so-called Lamfalussy Process implements the institutional changes recommended by the Wise Men to reduce barriers to integration. This process will not work, however, because of its failure to address two fundamental issues: national protectionism and bureaucratic inertia.

The resulting failure will make increased harmonization and some centralization of supervision inevitable. Notwithstanding current opposition to the establishment of a pan-European securities regulator, there will be a European Securities and Exchange Commission (ESEC). The ESEC will be set up, and develop, following the path of least political resistance. Initially at least, the ESEC will focus on corporate disclosure issues, the area where opposition to regulatory harmonization is weakest. It will not have powers to sanction infringements of its rules, as there would be too much resistance to this. The ESEC will, however, be allowed to investigate possible infringements and make its findings and recommendations public. This "soft enforcement" approach will provide incentives for Member States to undertake corrective action and also foster private litigation.

JEL Classification: F15, G18, K22

Suggested Citation

Hertig, Gerard and Lee, Ruben, Four Predictions About the Future of EU Securities Regulation (January 2003). Available at SSRN: https://ssrn.com/abstract=376720 or http://dx.doi.org/10.2139/ssrn.376720

Gerard Hertig

ETH Zurich ( email )

Haldeneggsteig 4
CH-8092 Zurich
Switzerland

HOME PAGE: http://lawecon.ethz.ch/group/professors/hertig.html

European Corporate Governance Institute (ECGI)

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

HOME PAGE: http://www.ecgi.org

Ruben Lee (Contact Author)

Oxford Finance Group ( email )

United Kingdom

HOME PAGE: http://www.oxfordfinancegroup.com

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