| Titre : |
Banking supervision and criminal investigation. Comparing the EU and US experiences |
| Type de document : |
texte imprimé |
| Auteurs : |
LASAGNI, Giulia, Auteur |
| Editeur : |
Springer |
| Année de publication : |
2019 |
| Format : |
Broché |
| ISBN/ISSN/EAN : |
978-3-030-12160-0 |
| Langues : |
Anglais (eng) |
| Catégories : |
Droit comparé et droits étrangers
|
| Mots-clés : |
European Central Bank, Banking investigation, Banking supervisory authorities, Banking records, European Court,Fundamental rights, Eurozone, EU law, US law, Court of Justice, European Court of Human Rights, financial crime, banking |
| Résumé : |
In the aftermath of the last financial crisis, on both sides of the Atlantic banking supervisors were given new supervisory and enforcement powers, which are often of a substantially punitive-criminal nature.
In Europe in particular, the establishment of the Single Supervisory Mechanism within the European Central Bank substantially increased centralised investigatory and sanctioning powers. This major innovation, together with the development of forms of real-time monitoring of banking (often digital) records, challenges traditional banking criminal investigations in their national-based and analogue dimension.
The book offers a comprehensive account and perspective analysis of the interactions between the criminal and administrative nature of such new powers, highlighting their “punitive” overall nature and their impact on fundamental rights. Covering both the US and the EU regulatory frameworks, it presents unprecedented, trans-systemic research between criminal law and procedure, and between regulatory and administrative law, at the international, European and national level.
The book also includes a rich and detailed selection of case law from the US and the European supreme courts, with a specific focus on CJEU and ECtHR decisions.
Table des matières :
Introduction : Pages 1-5
Mapping the Boundaries of an Intricate Playing-Field
Finding the Way in a Complex Multi-Level Legal Framework : Pages 9-83
Strengthening Financial Investigation and Supervision at the International Level : Pages 85-106
Criminal Profiles in Banking Supervision
The Institutional Design of EU Banking Supervision : Pages 109-146
The US Regulatory Framework of Banking Supervision : Pages 147-159
The Hybrid Nature of Banking Supervision : Pages 161-281
Banking Criminal Investigations
Real-Time Monitoring of Banking Data: State of Play : Pages 285-325
Introducing a Regulation on (Banking) Data Surveillance in the EU: Some Proposals : Pages 327-357
Conclusion
|
Banking supervision and criminal investigation. Comparing the EU and US experiences [texte imprimé] / LASAGNI, Giulia, Auteur . - Springer, 2019 . - ; Broché. ISBN : 978-3-030-12160-0 Langues : Anglais ( eng)
| Catégories : |
Droit comparé et droits étrangers
|
| Mots-clés : |
European Central Bank, Banking investigation, Banking supervisory authorities, Banking records, European Court,Fundamental rights, Eurozone, EU law, US law, Court of Justice, European Court of Human Rights, financial crime, banking |
| Résumé : |
In the aftermath of the last financial crisis, on both sides of the Atlantic banking supervisors were given new supervisory and enforcement powers, which are often of a substantially punitive-criminal nature.
In Europe in particular, the establishment of the Single Supervisory Mechanism within the European Central Bank substantially increased centralised investigatory and sanctioning powers. This major innovation, together with the development of forms of real-time monitoring of banking (often digital) records, challenges traditional banking criminal investigations in their national-based and analogue dimension.
The book offers a comprehensive account and perspective analysis of the interactions between the criminal and administrative nature of such new powers, highlighting their “punitive” overall nature and their impact on fundamental rights. Covering both the US and the EU regulatory frameworks, it presents unprecedented, trans-systemic research between criminal law and procedure, and between regulatory and administrative law, at the international, European and national level.
The book also includes a rich and detailed selection of case law from the US and the European supreme courts, with a specific focus on CJEU and ECtHR decisions.
Table des matières :
Introduction : Pages 1-5
Mapping the Boundaries of an Intricate Playing-Field
Finding the Way in a Complex Multi-Level Legal Framework : Pages 9-83
Strengthening Financial Investigation and Supervision at the International Level : Pages 85-106
Criminal Profiles in Banking Supervision
The Institutional Design of EU Banking Supervision : Pages 109-146
The US Regulatory Framework of Banking Supervision : Pages 147-159
The Hybrid Nature of Banking Supervision : Pages 161-281
Banking Criminal Investigations
Real-Time Monitoring of Banking Data: State of Play : Pages 285-325
Introducing a Regulation on (Banking) Data Surveillance in the EU: Some Proposals : Pages 327-357
Conclusion
|
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