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Pris: 1134 SEK exkl. moms  |  The proper functioning of the EU financial market is protected by public actors - both national and supranational - responsible for rulemaking and supervision of investment firms and other private actors. At the same time the effectiveness of the EU legal system requires vigilance from private actors such as investment firms but also their clients, invoking their rights before national authorities and courts. This means that investment firms have a dual role within the system, turning them into subjects of control and enforcement but also agents in the maintenance of the rule of law.
Legal Accountability in EU Markets for Financial Instruments brings together a group of scholars with expertise from different legal disciplines but a shared interest for the EU internal market and the way it develops. It integrates a modern study of the form and function of EU rulemaking in the internal market after the financial crisis. The book includes an evaluation of core aspects of rulemaking in the financial market and that way provides a cross-cutting treatment of EU law. The focus of the book is set on the regulatory framework in MiFIDII and MiFIR and thematic questions around legal mechanisms for accountability and the role of investment firms in the operation of those mechanisms. It further discusses the implications for EU law and the EU legal system and gives readers a thorough understanding of the concept of accountability through its own findings.
- An original focus on the role of investment firms in accountability
- Based on an international project studying the reform of EU rulemaking after the financial crisis
- An evaluation of the design and functioning of the regulatory framework in MiFIDII and MiFIR
- Contributes to the understanding of accountability as a theoretical tool in legal studies
Table of Contents
Introduction
1:EU rulemaking in the internal market after the financial crisis, Carl Fredrik Bergström
2:Governing finance in Europe: policy effects and political accountability, Adrienne Héritier
Investment firms as agents of accountability
3:The joint board of appeal as an accountability mechanism for the ESAs, Merijn Chamon
4:Judicial protection against the European Securities and Markets Authority (ESMA), Dominique Ritleng
5:Protecting investors at all costs? Due process Aspects on the Investigatory Powers Granted to competent authorities under MiFID II, Helene Andersson
6:Ensuring the principle of good administration in composite administrative procedures in EU financial markets law, Jane Reichel
Investment firms as subjects of accountability
7:Compliance requirements in EU investment services regulation: towards a more coherent accountability framework?, Pieter van Cleynenbreugel
8:Supervisory arbitrage: The case of Sweden, Malou Larsson Klevhill Annina H. Persson
9:Not suitable to lead an investment firm: Fit and proper assessments as an instrument of accountability, Britta Behrendt Jonsson
10:Remuneration policies in investment firms incentives, regulation and accountability, Rebecca Söderström
Investment firms in horizontal accountability
11:The investment firms 'horizontal accountability' towards clients: Standards and institutional mechanism of control, Federico Della Negra
12:Damages liability as a dual opportunity to promote accountability, Magnus Strand
Investment firms and accountability: Conclusions
13:Investment firms, accountability, and the effective rule of law, Magnus Strand, Carl Fredrik Bergström
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