The European Banking Union and the Role of Law
Show Less

The European Banking Union and the Role of Law

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 13: BRRD/SRM, corporate insolvency law and EU State aid - the trifurcated EU framework for dealing with banks in distress

Michael Schillig

Abstract

The present paper analyses some interactions between the resolution framework and the Charter of Fundamental Rights of the European Union (CFREU). It provides an overall view of the relevant provisions in the legislative text and the Recitals as well as a more detailed analysis of the interplay between the provisions granting resolution authorities the power to bail-in liabilities and the fundamental right to property recognised in Article 17 CFREU. In this respect, it also provides reference to the recent decision of the European court of Justice (ECJ) in the Kotnik case (C-526/14) and provides an assessment of points of contact and differences between the stance taken by the Court and the provisions of BRRD and SRMR.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.