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Christos Hadjiemmanuil

A Heavily Regulated Industry

The Varied Objectives of Financial Regulation

1 December 2015 // english

The Evolving Nature of Financial Regulation Until the early 1970s, the various national systems of banking regulation had largely monetary objectives. Controls on commercial banking activity (including administratively set interest rates, quantitative limits on credit expansion, and reserve requirements) were imposed for the purpose of preventing the over- or under-expansion of the money and bank credit supply. In addition, in many countries, including the UK and France, the state sought to direct the flow of available credit towards certain economic areas and activities, and away from others. Another policy concern related to the conditions of competition within the banking industry;... Read more

Editorial Guest Editorial eucrim 4/2015

1 December 2015 (updated 4 years, 8 months ago) // english

Dear Readers, The imposition of tight regulatory controls on banks and other financial intermediaries is a universal characteristic of modern economic systems. The frequency and intensity of legislative and administrative measures affecting financial activities demonstrate the state’s incessant concern with the way in which the market operates in this field. However, the precise perimeter of the regulated sector varies from one jurisdiction to another and changes over time. The same is true of the form and direction of the regulatory interventions. This raises important questions about the existence or otherwise of common threads –common objectives and overarching justifications– holding together... Read more

Prof. Dr. Silvia Allegrezza / Olivier Voordeckers

Investigative and Sanctioning Powers of the ECB in the Framework of the Single Supervisory Mechanism

Mapping the Complexity of a New Enforcement Model

1 December 2015 (updated 4 years, 8 months ago) // english

In most publications that deal with the Banking Union, the global financial crisis of 2008 is mentioned in the introductory paragraph. It is also the unavoidable starting point of this contribution, as it is the collapse of the banking sector that has shown the necessity to rethink the mechanism of banking supervision. Economic growth and financial stability have been seriously damaged by the global crisis that has plagued the world since 2007. The financial and banking crisis shed some light on the need for stronger and more efficient supervision but also on the need for a more effective system of... Read more

Andrea Tamietti

Le Principe de Légalité aux Termes de l’Article 7 de la Convention Européenne des Droits de l’Homme

Un bref aperçu de Jurisprudence

1 September 2015 // french

The decision by the European Court of Human Rights in Soros v. France centered on questions regarding the principle of legality in article 7 ECHR. More precisely, the interpretation of “insider trading” was challenged and whether or not it was possible to appraise whether the French national law had forbade this kind of acts at the respective time. As the principle of legality is a fundamental right in the EU Charter, this decision could significantly influence the principle’s interpretation in the European criminal law area.

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Oscar Alarcón Jiménez

Council of Europe Convention Against Trafficking of Human Organs

1 September 2015 // english

The trafficking of human organs (THO) has gone from being an urban legend for many countries to becoming a dark reality that can end in a custodial sentence. Understood as an international problem that demands a response from governments, legislative institutions, and international organizations, it mainly emerges in the context of the inability of countries to cope with the transplantation needs of their patients. The shortage of organs, disparities accentuated by the economic crisis, the vast differences between health systems, and the voracity of unscrupulous traffickers have, in recent years, led to an increase in transplant tourism and the development... Read more

Kristian Bartholin

The Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism

1 September 2015 // english

I. Background United Nations Security Council Resolution 2178 (hereinafter “UNSCR 2178”) was adopted by the Security Council acting under Chapter VII of the Charter of the United Nations on 24 September 2014. It aims at stemming the flow of so-called “foreign terrorist fighters” (i.e., individuals who travel to another State than that of their nationality or residence for the purpose of “the perpetration, planning, or preparation of, or participation in, terrorist acts, or the providing or receiving of terrorist training”1) to Syria and Iraq to join “ISIL, ANF and other cells, affiliates, splinter groups or derivatives of Al-Qaida.”2 Given the... Read more