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Adapting the European System of Financial Supervision (ESFS) to the EEA Two-Pillar Structure – A Workable Solution?

Bergþórsson Andri Fannar
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Bergþórsson Andri Fannar: Ph.D. (2017) from University of Copenhagen and Associate Professor of Capital Market Law at Reykjavik University, School of Law.ReykjavikIsland

European Company and Financial Law Review, 2019, vol. 16, issue 5, 557-591

Abstract: In response to the global financial crisis, the European System of Financial Supervision (ESFS) was created in 2010. Supranational bodies were established for different financial sectors to act as supervisors of sorts for national-level supervisors in EU Member States. This article focuses on how the system was adapted to three EFTA States that are not part of the EU but form the internal market along with EU Member States through the EEA Agreement – Iceland, Norway and Lichtenstein (EEA EFTA States). The aim is to clarify how ESFS has been incorporated into the EEA agreement and to discuss whether this a workable solution for the EEA EFTA States that have not transferred their sovereignty by name in the same manner as the EU Member States. One issue is whether the adaptation has gone beyond the limits of the two-pillar structure, as all initiative and work stem from the EU supranational bodies and not the EFTA pillar.

Date: 2019
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DOI: 10.1515/ecfr-2019-0020

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