EU Law after the Financial Crisis

This book focuses on the consequences of the financial crisis for EU law – not only with respect to various specific areas of the law, but also with respect to very fundamental issues regarding the role and function of the European Union and European law.
Editor(s):
Jessica Schmidt, Carlos Esplugues, Rafael Arenas
book | published | 1st edition
March 2016 | xviii + 334 pp.

Paperback
€79.-


ISBN 9781780683423

Details

The financial crisis has literally stress tested the European Union and indeed continues to do so. It has already laid bare many fundamental issues and conundrums of the European Union and the European Union’s legal system that had been waiting to be seriously addressed for quite a number of years.

This book examines the consequences of the financial crisis for European Union law not only with respect to various specific areas of the law, namely contract law, company law, capital markets law, banking law, competition law, tax law, insolvency law, but also with respect to fundamental issues regarding the role and function of the European Union and European law.

Chapters

Table of contents (p. 0)

Introduction (p. 1)

PART I. RESCUE MECHANISMS AND MONETARY POLICY

The Interplay Between EU Law and International Law to Set Up the Eurozone Rescue Mechanisms (p. 3)

Monetary Policy and Private Pensions (p. 25)

PART II. THE IMPACT OF THE FINANCIAL CRISIS ON THE BANKING SECTOR AND CAPITAL MARKETS

Financial Crisis and European Company and Capital Markets Law (p. 31)

CoCo Bonds as a Means of Reducing Systemic Risk and their Role within New Regulatory Regimes (p. 47)

Is EU Financial Law Overly Complex? (p. 65)

PART III. THE FINANCIAL CRISIS AND TAX LAW

The European Crises as Tax Crises (p. 69)

A Common Tax Policy for Europe (p. 97)

PART IV. THE FINANCIAL CRISIS, CONSUMERS AND CONSUMER LAW

Is European Private Law Going Through a Crisis? The Current Situation of European Private Law after the Financial Crisis (p. 107)

Financial Crisis and General Contract Law (p. 117)

Stress-Testing EU Law in the Field of Consumer Redress (p. 133)

Stress Testing of European Law of Consumer Jurisdiction. Coherence of the Existing Rules and their Impact on the Level of Consumer Protection (p. 147)

PART V. THE FINANCIAL CRISIS AND COMPETITION LAW

Rethinking Competition Law after the Financial Crisis (p. 161)

Merger Control and the Financial Crisis. Rescue Mergers and the Failing Firm Defence (p. 187)

PART VI. THE FINANCIAL CRISIS, RESTRUCTURING AND INSOLVENCY LAW

Universal versus Individual Transfers of Assets and Liabilities. A Conflict-of-Laws Perspective (p. 209)

Financial Crisis and European Insolvency Law (p. 227)

International Arbitration and vis attractiva concursus (p. 237)

PART VII. THE SOCIAL DIMENSION OF THE FINANCIAL CRISIS AND EU CITIZENSHIP

Reflections on the Social and Human Dimension of the Economic and Financial Crisis in the European Union (p. 253)

New Developments on the Free Movement of Persons in the European Union in a Time of Crisis. Eroding the European Citizenship? (p. 263)

PART VIII. REFLECTIONS ON THE IMPACT OF THE FINANCIAL CRISIS ON THE GENERAL EUROPEAN LEGAL FRAMEWORK AND THE FUNDAMENTAL “EUROPEAN IDEA”

Legal Certainty after the Crisis. The Limits of European Legal Imagination (p. 277)

The New Role of Judges in the EU. Going Back to the Middle Ages (p. 301)

Exploring the European Crisis’s Political Discourse. Europe as a Consciousness, Europe as a Narrative (p. 317)

Testing the Stress of the EU: Financial Crisis or EU Law in Crisis? (p. 333)