Turning Gold into Green: Green Finance in the Mandate of European Financial Supervision

(2021) Common Market Law Review, 58(4): 1097-1140

44 Pages Posted: 26 Feb 2021 Last revised: 24 Mar 2022

Date Written: November 5, 2020

Abstract

Following the Paris Agreement and pursuant to its objective of reordering financial flows to ensure climate change mitigation and adaptation, green finance has become a legislative priority for the European Union. This was illustrated by a unique, albeit limited, change in the mandate of the European Supervisory Authorities (ESAs). This article takes this amendment as a starting point to discuss the responsibility of supervisory authorities in facing climate change. Despite clear limits stemming from Union law, a sweeping legal analysis sheds light on obligations for supervisory authorities across Europe to consider climate change as part of their mandate. This finding is supported by the growing recognition of climate change as a source of systemic risk. Consequently, the mandate of European financial supervision is turning green, regardless of a legislative intervention.

Keywords: Green finance, sustainable finance, European Supervisory Authorities, Single Supervisory Mechanism, Paris Agreement, Climate change, Financial Regulation, EU Taxonomy

JEL Classification: E58, G18, G28, K22, K23, Q58

Suggested Citation

de Arriba-Sellier, Nathan, Turning Gold into Green: Green Finance in the Mandate of European Financial Supervision (November 5, 2020). (2021) Common Market Law Review, 58(4): 1097-1140, Available at SSRN: https://ssrn.com/abstract=3792975 or http://dx.doi.org/10.2139/ssrn.3792975

Nathan De Arriba-Sellier (Contact Author)

Yale Center for Environmental Law & Policy ( email )

195 Prospect Street
New Haven, CT 06511
United States

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