Εξυγίανση και εκκαθάριση πιστωτικών ιδρυμάτων : κοινοτικό και εθνικό θεσμικό καθεστώς
Κοτσοβού, Αργυρούλα Ι.
Δούβλης, Βασίλης Α.
Τραπεζικό δίκαιο Banking law
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
The ongoing financial crisis that started in 2008 laid on the table the need for a comprehensive approach to crisis prevention and management to ensure financial stability and highlighted almost allproblematic features of the existing reorganisation and winding-up regimes for credit institutions not only in national level, but also worldwide. Thereat it is necessary the adoption of a new specialresolution regime to deal with banks in distress, including both pre-insolvency and insolvency measures. All credit institutions have become international in recent years, so they are often injeopardy due to systemic risks and lacking regulation control. This situation poses many challenges for both regulators and policy makers and intensifies the bank crisis management. This complexity is far greater in the case of cross-border credit institutions, both at the EU level and at the international level, mostly due to the involvement of several authorities and the interests of many stakeholders. Consequently, in any financial crisis, it is necessary to have a clear and effective legal framework in place to govern how a credit institution would be reorganised or winded-up in an orderlyway so as not to undermine financial stability. Such a framework is not yet constructed with regard to cross-border banks, neither at the EU nor at the international level. However, some European andglobal initiatives have started in order to confront all these new challenges, whose results are not yet visible regarding to the improvement of the insolvency proceedings.In this context, the following thesis attempts to analyze the most important legal aspects of the reorganization and winding-up regime for credit institutions both in EU and in our country. It isconsisted of five chapters. The first one briefly presents the most important provisions of those current legislative regimes, while in the two following chapters are reported in detail the major legalcontradictions in reorganization mechanisms (chapter 2) and winding-up procedures (chapter 3) of both legislations. Furthermore, in chapter 4 there will be a comparative overview of the reorganization and winding up regime between credit institutions and other non-banking firms, highlighting similarities and differences. Finally, in the last chapter there will be a brief presentation of the relevant legislative frameworks applicable in the UK and US, comparing both among themselves and in relation to the relevant EU community rules, mainly by testing the effectiveness on the reorganization and windingup measures, that each one implements.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Ιδιωτικού Δικαίου, 2013