Francesco Gallarati

The protection of shareholders and creditors' rights within the Banking Union, between European Courts and national Constitutional Courts

  • Abstract

Informations and abstract

Keywords: Banking Union; Financial Stability; Bank Resolution; Bail-In; Fundamental Rights.

This paper focuses on the balancing between financial stability and the protection of the shareholders and creditors' rights within the Banking Union, with particular reference to the bail-in and the other resolution tools provided by the Bank Recovery and Resolution Directive. To this end the Author, on the basis of the case law of some Member States Constitutional Courts, of the EUCJ and of the ECHR, shows to what extent property rights, freedom to conduct a business, as well as procedural guarantees, can be restricted in order to preserve the soundness of the banking system.

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