TY - CHAP
T1 - Financial Regulation and Civil Liability in European Law
T2 - Towards a More Coordinated Approach?
AU - Cherednychenko, O.O.
PY - 2020
Y1 - 2020
N2 - The interplay between financial regulation and civil liability in the legal order of the European Union provided the theme for the book entitled ‘Financial Regulation and Civil Liability in European Law’. This framing chapter presents the research design and major findings of this book project, mapping and analysing the original assessments by the contributing authors. In particular, it examines whether there is a coordinated approach to EU financial regulation and civil liability across (a) different sectors of financial services and activities, such as payments, credit, and securities, and (b) the various actors involved in public, private, and hybrid enforcement, such as courts, alternative dispute resolution bodies, and financial regulators. Further, it outlines directions for cross-sector and cross-actor coordination to develop more fully at EU and national level. Overall, the chapter highlights the need to fundamentally rethink the role of civil liability, and private law remedies more generally, as a regulatory and compensatory tool in European financial law, and sets out an analytical framework – with both theoretical and empirical components – for further inquiry.
AB - The interplay between financial regulation and civil liability in the legal order of the European Union provided the theme for the book entitled ‘Financial Regulation and Civil Liability in European Law’. This framing chapter presents the research design and major findings of this book project, mapping and analysing the original assessments by the contributing authors. In particular, it examines whether there is a coordinated approach to EU financial regulation and civil liability across (a) different sectors of financial services and activities, such as payments, credit, and securities, and (b) the various actors involved in public, private, and hybrid enforcement, such as courts, alternative dispute resolution bodies, and financial regulators. Further, it outlines directions for cross-sector and cross-actor coordination to develop more fully at EU and national level. Overall, the chapter highlights the need to fundamentally rethink the role of civil liability, and private law remedies more generally, as a regulatory and compensatory tool in European financial law, and sets out an analytical framework – with both theoretical and empirical components – for further inquiry.
KW - Financial Regulation
KW - Civil Liability
KW - EU Law
KW - Public Law
KW - Private Law
KW - Public and Private Enforcement
UR - https://www.e-elgar.com/shop/gbp/catalog/product/view/id/16738/s/financial-regulation-and-civil-liability-in-european-law-9781789908107/
UR - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3745876
U2 - 10.4337/9781789908114.00007
DO - 10.4337/9781789908114.00007
M3 - Chapter
SN - 9781789908107
SP - 2
EP - 46
BT - Financial Regulation and Civil Liability in European Law
A2 - Cherednychenko, Olha O.
A2 - Andenas, Mads
PB - Edward Elgar Publishing
CY - Cheltenham / Northampton
ER -