Banking Law fully addresses the current landscape of banking law and regulation post the 2008 financial crisis. Coverage is balanced between transactional, regulatory, and private law topics across UK banking law, as well as European and international law. The text aims to cover everything needed for a full understanding. Topics covered include: the banker–customer relationship, payment, regulatory architecture in the UK and the European Union, macroprudential regulation, banking culture, governance, incentives, crisis management and resolution, and combatting financial crime.
Chapter
1. The Development of European Integration
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter begins with analysis of the background to European integration. The focus then shifts to analysis of the Treaties and the principal Treaty revisions from the inception of the European Economic Community (EEC) to the present day. The EEC Treaty is examined, followed by the Single European Act, and the Maastricht, Amsterdam, and Nice Treaties. The discussion continues with examination of the failed Constitutional Treaty and the successful ratification of the Lisbon Treaty. The penultimate section deals with the impact of the financial crisis, the refugee crisis, the rule of law crisis, the pandemic crisis, and the Brexit crisis. This is followed by an overview of theories European integration offered to explain its evolution. The UK version contains a further section outlining the basic structure of UK legal relations with EU law post-Brexit.
Chapter
1. The Development of European Integration
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter begins with analysis of the background to European integration. The focus then shifts to analysis of the Treaties and the principal Treaty revisions from the inception of the European Economic Community (EEC) to the present day. The EEC Treaty is examined, followed by the Single European Act, and the Maastricht, Amsterdam, and Nice Treaties. The discussion continues with examination of the failed Constitutional Treaty and the successful ratification of the Lisbon Treaty. The penultimate section deals with the impact of the financial crisis, the refugee crisis, the rule of law crisis, the pandemic crisis, and the Brexit crisis. This is followed by an overview of theories European integration offered to explain its evolution. The UK version contains a further section outlining the basic structure of UK legal relations with EU law post-Brexit.
Chapter
1. The Development of European Integration
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter begins with analysis of the background to European integration. The focus then shifts to analysis of the Treaties and the principal Treaty revisions from the inception of the European Economic Community (EEC) to the present day. The EEC Treaty is examined, followed by the Single European Act, and the Maastricht, Amsterdam, and Nice Treaties. The discussion continues with examination of the failed Constitutional Treaty and the successful ratification of the Lisbon Treaty. The penultimate section deals with the impact of the financial crisis, the refugee crisis, the rule of law crisis, the pandemic crisis, and the Brexit crisis. This is followed by an overview of theories European integration offered to explain its evolution. The UK version contains a further section outlining the basic structure of UK legal relations with EU law post-Brexit.
Chapter
1. The Development of European Integration
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter begins with analysis of the background to European integration. The focus then shifts to analysis of the Treaties and the principal Treaty revisions from the inception of the European Economic Community (EEC) to the present day. The EEC Treaty is examined, followed by the Single European Act, and the Maastricht, Amsterdam, and Nice Treaties. The discussion continues with examination of the failed Constitutional Treaty and the successful ratification of the Lisbon Treaty. The penultimate section deals with the impact of the financial crisis, the refugee crisis, the rule of law crisis, the pandemic crisis, and the Brexit crisis. This is followed by an overview of theories European integration offered to explain its evolution. The UK version contains a further section outlining the basic structure of UK legal relations with EU law post-Brexit.
Chapter
26. Economic and Monetary Union
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Area of Freedom, Security, and Justice (AFSJ) is now found in Title V of Part Three of the Treaty on the Functioning of the European Union. The subject matter dealt with by these provisions is important and politically sensitive, as it includes police and judicial cooperation in criminal matters, visas, asylum, immigration, and judicial cooperation in civil matters. This chapter is organized as follows. Section 2 considers the development of the three-pillar structure introduced by the Maastricht Treaty. Section 3 focuses on the rationale for the inclusion of the subject matter that comprises the AFSJ. Section 4 considers the general principles in the Lisbon Treaty that apply to all areas which comprise the AFSJ, including: Treaty objectives, competence, role of the principal EU institutions, judicial role, and an outline of the opt-outs that apply to the UK. The remainder of the chapter looks in more detail at criminal law and procedure. The UK version contains a further section analysing issues concerning the AFSJ and the UK post-Brexit.
Chapter
26. Economic and Monetary Union
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Area of Freedom, Security, and Justice (AFSJ) is now found in Title V of Part Three of the Treaty on the Functioning of the European Union. The subject matter dealt with by these provisions is important and politically sensitive, as it includes police and judicial cooperation in criminal matters, visas, asylum, immigration, and judicial cooperation in civil matters. This chapter is organized as follows. Section 2 considers the development of the three-pillar structure introduced by the Maastricht Treaty. Section 3 focuses on the rationale for the inclusion of the subject matter that comprises the AFSJ. Section 4 considers the general principles in the Lisbon Treaty that apply to all areas which comprise the AFSJ, including: Treaty objectives, competence, role of the principal EU institutions, judicial role, and an outline of the opt-outs that apply to the UK. The remainder of the chapter looks in more detail at criminal law and procedure. The UK version contains a further section analysing issues concerning the AFSJ and the UK post-Brexit.
Chapter
3. Decision-making and democracy in the EU
This chapter analyses what EU academics have termed the ‘democratic deficit’ in the EU. In EU law, the concept of the ‘democratic deficit’ is used to classify the EU as a system that may hold some of the qualities of a democratic government, but is lacking others. The chapter then investigates just how much ‘democracy’ exists in the EU decision-making processes. There are those who claim that the EU will never be democratic, and those who argue that the EU actually does not suffer from true shortcomings. The chapter evaluates both of those claims, and considers if recent big events in the EU — such as the ratification of the Lisbon Treaty, and the so-called Eurozone financial crisis — impact upon the debate. It also looks at the nature of Brexit during the Withdrawal Agreement's transition period, as well as the future relationship between the UK and the EU.
Chapter
19. Economic and Monetary Union
Alicia Hinarejos
This chapter explains how the Economic and Monetary Union (EMU) was set up and the flaws within the system. It gives a brief overview of the euro crisis and its relationship to, and consequences for, EMU. Finally, it looks to the current debate on the future of EMU and the EU, including the development of an EU banking union.
Chapter
2. Development of the EU
Paul Craig
This chapter traces the development of what is now the EU. It first describes the origins of ideas of European unity. It then discusses the various treaties that paved the way towards broader European integration. These include the European Coal and Steel Community Treaty of 1951, the Single European Act 1986, the Treaty on European Union (TEU) of 1992, and the Lisbon Treaty of 2009. The hope that an expanded EU might develop in relative calm was, however, undermined by the financial crisis, Brexit (the UK’s decision to leave the EU), and the migration crisis. The chapter concludes by introducing theories that seek to explain why integration has occurred.
Chapter
18. Economic and Monetary Union
Alicia Hinarejos
This chapter explains how the Economic and Monetary Union (EMU) was set up and the flaws within the system. It gives a brief overview of the euro crisis and its relationship to, and consequences for, EMU. Finally, it looks to the current debate on the future of EMU and the EU, including the development of an EU banking union.
Chapter
2. Development of the EU
Paul Craig
This chapter traces the development of what is now the EU. It first describes the origins of ideas of European unity. It then discusses the various treaties that paved the way towards broader European integration. These include the European Coal and Steel Community Treaty of 1951,the Single European Act 1986, the Treaty on European Union (TEU) of 1992, and the Lisbon Treaty of 2009. Next, the chapter turns to the impact of the global financial crisis on the EU and considers several theories of integration.
Chapter
1. Competition policy and economics
This chapter provides an overview of competition law and its economic context. Section 2 describes the practices that competition laws attempt to control in order to protect the competition process. Section 3 examines the theory of competition and gives an introductory account of why the effective enforcement of competition law is thought to be beneficial. Section 4 considers the goals of competition law. Section 5 introduces two key economic concepts, market definition and market power, that are important to a better understanding of competition policy. The chapter concludes with a table of market share figures that are significant in the application of EU and UK competition law, while reminding the reader that market shares are only ever a proxy for market power and can never be determinative of market power in themselves.
Chapter
16. Corporate governance 2: the UK corporate governance debate
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores the corporate governance debate in the UK in terms of industry and the government. After presenting the background to the UK debate, it considers UK corporate theory and the industry and government response to the corporate governance debate. It then examines the Sarbanes–Oxley Act that became law in the USA in July 2002; the UK Government’s independent review of non-executive directors (the Higgs Review); the link between corporate governance failure and the 2008 financial crisis; and it outlines a number of corporate governance reforms that have been adopted between 2009 and 2020 including the UK Government Corporate Governance Reform programme and the latest developments in the UK Corporate Governance Code.
