Marcello Clarich

Banking Crisis and Public Interest in the Resolution

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The essay discusses the legal prerequisites required for the resolution of a bank in crisis as an alternative to its liquidation under national rules. It deals in particular with the public interest requirement linked to the purposes of resolution, namely ensuring financial stability, protecting depositors and guaranteeing the continuity of essential services provided by the institution to be resolved. The essay examines European and national legislation and in particular Directive 2014/59/EU (BRRD – Bank Recovery and Resolution Directive) and Regulation (EU) No. 806/2014 (SRM Regulation – Single Resolution Mechanism). The essay dwells on the ambiguities of the notion of public interest also in the light of the main case history and more generally on the critical issues identified in the first comments and possible proposals for solutions


  • Banking Crisis
  • Resolution
  • Public Interest


Article first page