The European Banking Union and the Role of Law
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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.
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Chapter 13: BRRD/SRM, corporate insolvency law and EU State aid - the trifurcated EU framework for dealing with banks in distress

Michael Schillig


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.

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