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Andreas Heinzmann and Valerio Scollo

For those of us who were born in the 1970s and the 1980s, a geographic Europe without a European Economic Area is inconceivable. Our generation has been studying the acquis communautaire together with the constitutional law of the Member State where they attended university. Those who were born in the 1990s, who are entering the legal profession now, have received their pocket money and their first pay cheque in euros. Yet, the Brexit referendum in 2016 has shaken our common beliefs. Is the European Union (EU) a project European citizens need? Is it possible to maintain political stability, peace and prosperity without it? Brexit seemed to represent, at the time, the potential follow-up to Grexit and the forerunner to Italexit. After three years of self-destructive actions by the British government, the firm and united reaction of the rest of Europe has shown the world that the EU is here to stay. Until Brexit, the UK and the English practitioners were at the forefront in interpreting and making the EU financial regulations familiar to market participants. They were the point of reference. Today we still read the EU policies and laws on financial services through the lenses of English law and practice. Yet Brexit has started a process that will likely change the status quo. Brexit pushed and will push more and more practitioners in a post-Brexit EU to challenge themselves, and to find new paradigms.

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Edited by Federico Fabbrini and Marco Ventoruzzo

This comprehensive Research Handbook analyses and explains the EU’s complex system of economic governance from a legal point of view and looks ahead to the challenges it faces and how these can be resolved. Bringing together contributions from leading academics and top lawyers from EU institutions, this Research Handbook is the first to cover all aspects of the Eurozone’s legal ecosystem, and offers an up-to-date and in depth assessment of the norms and procedures that underpin the EU’s economic, monetary, banking, and capital markets unions.
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Edited by Gianni Lo Schiavo

The European Banking Union and the Role of Law offers a comprehensive and unique examination of the European Banking Union’s (EBU) impact on existing legal disciplines and assesses the role of law in shaping the EBU framework.
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Napoleon Xanthoulis

This chapter examines the provision of emergency financial support to credit institutions in light of the European Banking Union (EBU). Emergency liquidity provision can be regarded as an integral component of both EBU pillars, namely the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM).2 The first sets up a common supervisory system for credit institutions. The second introduces a procedure for the orderly winding-up of credit institutions.

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Brigitte Unger, Joras Ferwerda, Melissa van den Broek and Ioana Deleanu

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Joras Ferwerda

Statistics on AML policy can be classified into two types: input statistics, which are the resources invested in AML policy like the budget of the FIU and other relevant institutions, and output statistics, which are the result of the AML policy, such as the reports disclosed to the FIU and the number of prosecutions and convictions for money laundering. It is very hard to use output statistics as an actual indicator for AML policy, because an increase in the number of reports can be the result of a greater anti-money laundering effort or an increase in the amount of money laundering. In this chapter we explore to which extent the differences in statistics between EU Member States can be explained. Moreover, these data form the basis for a cluster analysis, which shows that in terms of AML policy the 27 EU Member States consist of four groups which have their own distinct characteristics.
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Joras Ferwerda

The lack of hard data makes any country-by-country cost-benefit analysis of AML policy impossible at the moment. But by using the estimates that are available, and correcting these estimates for the price level and size of the countries, the chapter is able to estimate almost all cost components and some benefits for each EU Member State. This study estimates that the total costs of the 27 EU Member States are about 2 billion Euros, together with an immeasurable reduction in privacy and some inefficiency in the operation of society. Since most of the benefits of AML/CTF policy are hard or impossible to estimate, the cost benefit dilemma is basically reduced to the question: Does the EU want to spent about 2 billion Euros to obtain potential benefits, which include an unquantifiable reduction in money laundering, less crime in general, a reduced damage effect on the real economy and less risk for the financial sector?
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Joras Ferwerda

Although the FATF 40 Recommendations, the Third Directive, and other international conventions all require various essential elements of money laundering to be criminalized, there remains a considerable divergence between the criminal provisions in the Member States in practice. This chapter reveals numerous significant differences between EU Member States in the definitions of money laundering in practice and classify them accordingly.
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Brigitte Unger, Joras Ferwerda, Melissa van den Broek and Ioana Deleanu

Official government policies against money laundering in the EU have been in place for roughly 25 years, after much concerted effort and a great deal of time and money invested. This volume examines the anti-money laundering policy of the EU Member States in connection to the threat of money laundering they face.
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Ioana Deleanu and Joras Ferwerda

This chapter explores to what extent the policy response towards money laundering is effective in relation to the money laundering threat the EU Member States face. It is argued that AML policy response can be captured by several indicators: FATF compliance, legal effectiveness, timeliness of implementation, FIU response, international cooperation, information flows and the number of convictions for money laundering. The exploratory analysis is based on a set of figures which have a policy response indicator on the horizontal axis and the threat measure on the vertical axis. The chapter considers the diagonal area in these figures to mark an appropriate policy response - i.e. a policy response that is more or less proportional to the AML threat a country is facing. The chapter shows that most Member States have proportional AML policy responses. Nevertheless, all of them can improve on at least one aspect of their policy response with the positive exception of Denmark, that has, in the analysis of the chapter, relatively low levels of threat and relatively high policy response scores.