Lessons from the First Resolution Experiences in the Context of Banking Recovery and Resolution Directive

Luís Silva Morais ()
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Luís Silva Morais: Lisbon Law University

Chapter 16 in The Palgrave Handbook of European Banking Union Law, 2019, pp 371-391 from Springer

Abstract: Abstract This chapter analyzes the overall change of paradigm that occurred with the adoption of BRRD and the establishment of the correspondent resolution regimes by European Union (EU) Member States. Accordingly, the Chapter will evidence how national experiences, with the enforcement of resolution regimes largely coincident with EU rules, also provide an important insight on the complex legal issues associated with, on the one hand, the adoption and calibration of resolution measures in crisis situations and, on the other hand, the review or scrutiny of those resolution measures. The most paradigmatic national experiences will be confronted with the first major test in terms of enforcement of Single Resolution Mechanism (SRM), with the Banco Popular resolution case, putting in context the resolution measures adopted and describing the key legal developments in the wake of such resolution measures. Moreover, it will be focused on the recent national cases in which banks fulfilling the failing or likely to fail test were not placed under a European resolution scheme.

Keywords: Bail-in; BRRD paradigm/BRRD resolution paradigm; Liquidation; Proportionality; Resolution experiences (search for similar items in EconPapers)
Date: 2019
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Persistent link: https://EconPapers.repec.org/RePEc:spr:sprchp:978-3-030-13475-4_16

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DOI: 10.1007/978-3-030-13475-4_16

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