Theory and Practice of Harmonisation
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Theory and Practice of Harmonisation

Edited by Mads Andenas and Camilla Baasch Andersen

Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation.
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Chapter 1: Harmonising and Regulating Financial Markets

Mads Andenas


1 Mads Andenas2 Introduction This chapter discusses problems of harmonisation and regulation of the European Internal Financial Market. The argument is that the current division of powers between the EU and Member States is not achieving sufficient harmonisation to develop an internal market. The obstacles to the Internal Financial Market presented by national regulatory and supervisory regimes remain too high, and the EU minimum standards and mutual recognition regime have failed to lower these barriers sufficiently. There is a need for broader based regulatory and supervisory institutions, undertaking at a European level what cannot effectively be done at a national level, including providing a system for preventing and dealing with systemic crises and risks of such crises. The European Central Bank may develop a response to the latter, but the establishment of an EU financial market regulator is the better solution. The chapter also addresses some of the agency problems of the decision making process, and the crisis driven nature of regulatory reform. 1. Problems of Harmonisation and Regulation The subject of this chapter is problems of European financial market harmonisation and regulation. The creation of a European Financial Market has encountered problems of two kinds. The first is that market integration has not been very effective. The markets are divided by national borders as many 1 An earlier version of this chapter was delivered as the Annual Guido Carli Lecture at the University of LUISS Guido Carli, Rome, in 2006. 2 MA, DPhil(Oxon.); PhD(Cambridge); Professor, University of...

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