The European Banking Union and Constitution

In 2012, at the height of the sovereign debt crisis, European decision makers pushed for developing an 'ever closer union' with the formation of a European Banking Union (BU). Although it provoked widespread debate, to date there has been no coherent discussion of the political and constitutional dimensions of the European Banking Union. This important new publication fills this gap. Drawing on the expertise of recognised experts in the field, it explores banking union from legal, economic and political perspectives. It takes a four-part approach. Firstly, it sets the scene by examining the constitutional foundations of banking union. Then in parts 2 and 3, it looks at the implications of banking union for European integration and for democracy. Finally it asks whether banking union might be more usefully regarded as a trade-off between integration and democracy. This is an important, timely and authoritative collection.

1. The European Banking Union and Constitution – The Overall Challenge
Stefan Grundmann and Hans-W Micklitz

PART I
SOME CONSTITUTIONAL FOUNDATIONS OF EUROPEAN BANKING UNION
2. The Constitutional Dimension of Banking Union
Takis Tridimas
3. The Thin Red Line Between the OMT Decision and the Banking Union
Alessandro Busca

PART II
EUROPEAN BANKING UNION AND FULL INTEGRATION
4. The European Banking Union and Integration
Stefan Grundmann
5. Banking Union and the European Economic Constitution: A Brief Comparison of Regulatory Styles in Banking Regulation and Competition Law
Heike Schweitzer
6. Technocratic and Centralised Decision-making in the Banking Union's Single Supervisory Mechanism: Can Single Market and Banking Union Governance Eff ectively Co-exist in a Post-Brexit World?
Niamh Moloney
7. Single Resolution Board: Lost and Found in the Thicket of EU Bank Regulation
Agnieszka Smolenska

PART III
EUROPEAN BANKING UNION, DEMOCRACY AND TECHNOCRACY
8. Some Reflections on the State of European Democracy with Regard to the Banking Union and the ECB
Christoph Möllers
9. The European Banking Union: A Case of Tempered Supranationalism?
Sergio Fabbrini and Mattia Guidi
10. Prudential Supervision and the European Central Bank Credit Data Registry (AnaCredit): Legal Basis and Democratic Accountability
Federico Ferretti
11. The Internal Market and the Banking Union
Hans-W. Micklitz
12. Should Non-participating Member States Join the Banking Union? A Legal Perspective
Dalvinder Singh

“Both academic scholars and practitioners dealing with legal questions in the area of European integration and financial regulation can learn much from the informed contributions on this work. Furthermore, anyone interested in the state of democracy in Europe will find new information and inspiration in this volume.” –  Sebastian Heidebrecht, University of Duisburg-Essen, Journal of Common Market Studies

“The issues examined in the book ... are addressed in an interesting way. Readers can find a lot of information and multiple analyses, legal and economic, political and technical ... Clearly, the authors give us food for thought. It is the reason why the book must be read.” –  Thierry Bonneau, Professor of Law, Pantheon-Assas University, Journal of International Banking Law and Regulation