Early Intervention Measures (EIMs): The EU Framework in Force and Its Proposed Amendment

Gortsos Christos V.
Additional contact information
Gortsos Christos V.: Professor of Public Economic Law at the Law School of the National and Kapodistrian University of Athens.AthensGreece

European Company and Financial Law Review, 2025, vol. 22, issue 3, 340-363

Abstract: The objective of this article is to briefly albeit systematically present the EU framework governing early intervention measures (EIMs) in the banking sector. It is structured in four sections as follows: Section A contains a general overview, discussing early intervention within the system of bank crisis prevention, the related international financial standards and the sources of rules under EU law (namely, the BRRD, the SRMR and the SSMR). Section B, on the rules of the BRRD, sets out their system, and then discusses the EBA Guidelines on triggers for use of EIMs, the consistency of Article 104 CRD IV with Article 27 BRRD and the relationship between precautionary recapitalisation and EIMs. In turn, Section C, on the rules of the SRMR, analyses Article 13 SRMR and then presents the exercise by the ECB of its power to apply EIMs, the obligations imposed on the ECB and the relevant NCA and the SRB’s role, as well as the powers of the SRB. Finally, Section D discusses the way forward on the basis of the proposed amendments under the CMDI framework reform package.

Date: 2025
References: Add references at CitEc
Citations:

Downloads: (external link)
https://doi.org/10.1515/ecfr-2025-0014 (text/html)
For access to full text, subscription to the journal or payment for the individual article is required.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:bpj:eucflr:v:22:y:2025:i:3:p:340-363:n:1003

Ordering information: This journal article can be ordered from
https://www.degruyte ... ournal/key/ecfr/html

DOI: 10.1515/ecfr-2025-0014

Access Statistics for this article

European Company and Financial Law Review is currently edited by Heribert Hirte

More articles in European Company and Financial Law Review from De Gruyter
Bibliographic data for series maintained by Peter Golla ().