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Legal Accountability in EU Markets for Financial Instruments: The Dual Role of Investment Firms

Legal Accountability in EU Markets for Financial Instruments: The Dual Role of Investment Firms

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780192849281
  • 出版时间 December 2021
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,292.50
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  • 描述 
  • 大纲 
  • 详细

    The proper functioning of the EU financial market is protected by public actors - both national and supranational - responsible for rulemaking and supervision of investment firms and other private actors. At the same time the effectiveness of the EU legal system requires vigilance from private actors such as investment firms but also their clients, invoking their rights before national authorities and courts. This means that investment firms have a dual role within the system, turning them into subjects of control and enforcement but also agents in the maintenance of the rule of law.

    Legal Accountability in EU Markets for Financial Instruments brings together a group of scholars with expertise from different legal disciplines but a shared interest for the EU internal market and the way it develops. It integrates a modern study of the form and function of EU rulemaking in the internal market after the financial crisis. The book includes an evaluation of core aspects of rulemaking in the financial market and that way provides a cross-cutting treatment of EU law. The focus of the book is set on the regulatory framework in MiFIDII and MiFIR and thematic questions around legal mechanisms for accountability and the role of investment firms in the operation of those mechanisms. It further discusses the implications for EU law and the EU legal system and gives readers a thorough understanding of the concept of accountability through its own findings.

  • Introduction
    1:EU rulemaking in the internal market after the financial crisis
    Carl Fredrik Bergström
    2:Governing finance in Europe: policy effects and political accountability
    Adrienne Héritier
    Investment firms as agents of accountability
    3:The joint board of appeal as an accountability mechanism for the ESAs
    Merijn Chamon
    4:Judicial protection against the European Securities and Markets Authority (ESMA)
    Dominique Ritleng
    5:Protecting investors at all costs? Due process Aspects on the Investigatory Powers Granted to competent authorities under MiFID II
    Helene Andersson
    6:Ensuring the principle of good administration in composite administrative procedures in EU financial markets law
    Jane Reichel
    Investment firms as subjects of accountability
    7:Compliance requirements in EU investment services regulation: towards a more coherent accountability framework?
    Pieter van Cleynenbreugel
    8:Supervisory arbitrage: The case of Sweden
    Malou Larsson Klevhill Annina H. Persson
    9:Not suitable to lead an investment firm: Fit and proper assessments as an instrument of accountability
    Britta Behrendt Jonsson
    10:Remuneration policies in investment firms incentives, regulation and accountability, Rebecca Söderström
    Investment firms in horizontal accountability
    11:The investment firms 'horizontal accountability' towards clients: Standards and institutional mechanism of control
    Federico Della Negra
    12:Damages liability as a dual opportunity to promote accountability
    Magnus Strand
    Investment firms and accountability: Conclusions
    13:Investment firms, accountability, and the effective rule of law
    Magnus Strand, Carl Fredrik Bergström

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