Banking public law 2200-1W052N

Classroom

The public banking law was separated from the public economic law and its subject is the state intervention in the banking system.In connection with repeated economic and financial crises, the subject matter of this branch of law is subject to fluctuations. On the one hand we have the role of the central bank as the lender of last resort, which was established about 100 years ago, and on the other hand the institution of resolution, which has been in operation for only a few years. It covers all periods spent under supervision, which originated in the United States, which was the earliest country to introduce large-scale state intervention during the Great Depression. The evolution of supervision in Europe could be seen through directives, which had to be implemented in the internal legal order, directly applying the EP and Council regulation.

The purpose of public banking regulation is to prevent crises and ensure financial safety and stability. The evolution of regulations in this area is characterised by increasing state interference in banking activities. The former include regulations developed by the Basel Committee, which have a soft law character but enjoy a high degree of authority. These regulations include the 29 principles of effective supervision, which constitute a sui generis supervisory code. The Banking Union was created, which, in addition to supervisory competences, includes the so-called resolution, or orderly restructuring and liquidation. New authorities were created, such as the European Banking Authority and the European Systemic Risk Board. They will learn about the competences and mutual relations with other authorities, as well as the measures that will be used, if necessary, in relation to banks.

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