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Edited by Matthias Haentjens and Bob Wessels

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Edited by Matthias Haentjens and Bob Wessels

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Edited by Matthias Haentjens and Bob Wessels

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Edited by Matthias Haentjens and Bob Wessels

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Matthias Haentjens and Bob Wessels

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Edited by Matthias Haentjens and Bob Wessels

In this timely Handbook, over 30 prominent academics, practitioners and regulators from across the globe provide in-depth insights into an area of law that the recent global financial crisis has placed in the spotlight: bank insolvency law.
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Jouke Tegelaar and Matthias Haentjens

In the EU, responsibility for bank resolution has dramatically shifted from the bankruptcy courts to administrative authorities and administrative courts. Moreover, the centralization of resolution decision-making within the Single Resolution Mechanism (SRM) has made the system of judicial protection dual-layered in the Eurozone, so that both the national courts and the Court of Justice of the European Union share jurisdiction. How has the radical new Eurozone regime impacted judicial protection in cross-border bank resolution? This chapter discusses, first, the legal framework for resolution under the SRM Regulation, at both the European and national level. Subsequently, the system of judicial protection is analyzed on the basis of EU case law and the admissibility criteria for the EU Court. Here, the interplay between EU and national courts takes center stage. It is concluded that the new regime provides for judicial review, but that the possibilities for this review are limited.

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Edited by Matthias Haentjens and Bob Wessels

Since 2008, many countries across the globe have witnessed the introduction of new recovery and resolution regimes for banks. Whereas much may have been achieved on regional levels, this has not been perfect, and many global challenges remain unsolved. The Research Handbook on Cross-Border Bank Resolution analyses the strengths and weaknesses of the current regulatory framework for cross-border bank crises with contributions from eminent experts from the US, EU, Japan and China. The topic is addressed from both economic, and legal perspectives, with a special section devoted to real-life cases.