The Banking Union and its Implications for Private Law: A Comment

24 Pages Posted: 30 Oct 2015

See all articles by Christos Hadjiemmanuil

Christos Hadjiemmanuil

London School of Economics & Political Science (LSE); University of Piraeus

Date Written: October 2015

Abstract

This comment seeks to provide a conceptual framework for analysing the Banking Union’s implications for private law. After discussing how and in what form the Banking Union can engender potentially relevant regulatory norms, it identifies the general ways whereby these can be recognised in private law and translated into private rights and/or duties. It then responds to a common argument against translation, namely, that the public nature of the regulatory regime’s goals and concerns hinders its normative expansion in the realm of private law. On a more practical level, it provides a tentative catalogue of private legal relations likely to be affected by the Banking Union.

Keywords: Banking Union, SSM, SRM, EBA, Banking regulation, Single rulebook, Private remedies, Regulatory duties, Civil liability

Suggested Citation

Hadjiemmanuil, Christos, The Banking Union and its Implications for Private Law: A Comment (October 2015). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2015/74. Available at SSRN: https://ssrn.com/abstract=2682532 or http://dx.doi.org/10.2139/ssrn.2682532

Christos Hadjiemmanuil (Contact Author)

London School of Economics & Political Science (LSE) ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

University of Piraeus ( email )

Karaoli and Dimitriou 80
80 KARAOLI & DIMITRIOU STREET
Piraeus, Attiki 18534
Greece

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