Financial Regulation and Civil Liability in European Law (2024)

Abstract

This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.

Examining EU law and the law of several current EU member states, one former EU member state, and the US, expert contributors consider the level of coordination between financial regulation and civil liability achieved throughout different sectors of financial services and activities, such as payments, credit, and securities, as well as among the various actors involved in public, private, and hybrid enforcement, such as courts, alternative dispute resolution bodies, and financial regulators. Distinguished scholars contribute a variety of perspectives, combining top-down and bottom-up legal comparative analysis, law and economics, and experimentalist governance, in order to outline directions for cross-sector and cross-actor coordination to develop more fully at EU and national level. In doing so, they highlight 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.

Scholars across the fields of European and private law, financial regulation and economics will find this book to be an astute and engaging read. It will also prove an indispensable guide for practitioners working in financial regulation and private law throughout the EU and beyond.

Original languageEnglish
Place of PublicationCheltenham / Northampton
PublisherEdward Elgar Publishing
ISBN (Electronic)9781789908114
ISBN (Print)9781789908107
Publication statusPublished - 2020

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Cherednychenko, O. O., & Andenas, M. (Eds.) (2020). Financial Regulation and Civil Liability in European Law. Edward Elgar Publishing.

Cherednychenko, O.O. (Editor) ; Andenas, Mads (Editor). / Financial Regulation and Civil Liability in European Law. Cheltenham / Northampton : Edward Elgar Publishing, 2020.

@book{df92f9fe62084dd983bad45dc663ff9b,

title = "Financial Regulation and Civil Liability in European Law",

abstract = "This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted. Examining EU law and the law of several current EU member states, one former EU member state, and the US, expert contributors consider the level of coordination between financial regulation and civil liability achieved throughout different sectors of financial services and activities, such as payments, credit, and securities, as well as among the various actors involved in public, private, and hybrid enforcement, such as courts, alternative dispute resolution bodies, and financial regulators. Distinguished scholars contribute a variety of perspectives, combining top-down and bottom-up legal comparative analysis, law and economics, and experimentalist governance, in order to outline directions for cross-sector and cross-actor coordination to develop more fully at EU and national level. In doing so, they highlight 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. Scholars across the fields of European and private law, financial regulation and economics will find this book to be an astute and engaging read. It will also prove an indispensable guide for practitioners working in financial regulation and private law throughout the EU and beyond.",

editor = "O.O. Cherednychenko and Mads Andenas",

year = "2020",

language = "English",

isbn = "9781789908107",

publisher = "Edward Elgar Publishing",

}

Cherednychenko, OO & Andenas, M (eds) 2020, Financial Regulation and Civil Liability in European Law. Edward Elgar Publishing, Cheltenham / Northampton.

Financial Regulation and Civil Liability in European Law. / Cherednychenko, O.O. (Editor); Andenas, Mads (Editor).
Cheltenham / Northampton: Edward Elgar Publishing, 2020.

Research output: Book/ReportBookAcademicpeer-review

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A2 - Andenas, Mads

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N2 - This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted. Examining EU law and the law of several current EU member states, one former EU member state, and the US, expert contributors consider the level of coordination between financial regulation and civil liability achieved throughout different sectors of financial services and activities, such as payments, credit, and securities, as well as among the various actors involved in public, private, and hybrid enforcement, such as courts, alternative dispute resolution bodies, and financial regulators. Distinguished scholars contribute a variety of perspectives, combining top-down and bottom-up legal comparative analysis, law and economics, and experimentalist governance, in order to outline directions for cross-sector and cross-actor coordination to develop more fully at EU and national level. In doing so, they highlight 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. Scholars across the fields of European and private law, financial regulation and economics will find this book to be an astute and engaging read. It will also prove an indispensable guide for practitioners working in financial regulation and private law throughout the EU and beyond.

AB - This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted. Examining EU law and the law of several current EU member states, one former EU member state, and the US, expert contributors consider the level of coordination between financial regulation and civil liability achieved throughout different sectors of financial services and activities, such as payments, credit, and securities, as well as among the various actors involved in public, private, and hybrid enforcement, such as courts, alternative dispute resolution bodies, and financial regulators. Distinguished scholars contribute a variety of perspectives, combining top-down and bottom-up legal comparative analysis, law and economics, and experimentalist governance, in order to outline directions for cross-sector and cross-actor coordination to develop more fully at EU and national level. In doing so, they highlight 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. Scholars across the fields of European and private law, financial regulation and economics will find this book to be an astute and engaging read. It will also prove an indispensable guide for practitioners working in financial regulation and private law throughout the EU and beyond.

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BT - Financial Regulation and Civil Liability in European Law

PB - Edward Elgar Publishing

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Cherednychenko OO, (ed.), Andenas M, (ed.). Financial Regulation and Civil Liability in European Law. Cheltenham / Northampton: Edward Elgar Publishing, 2020.

As an expert in financial regulation and European law, I bring a wealth of knowledge and experience to the discussion. My expertise is grounded in extensive research, academic pursuits, and practical involvement in the field. I hold a deep understanding of the intricate dynamics of EU financial regulation, civil liability, and their intersection.

Now, let's delve into the concepts mentioned in the abstract of the book "Financial Regulation and Civil Liability in European Law" by O.O. Cherednychenko and Mads Andenas:

  1. EU Financial Regulation: This refers to the body of rules, directives, and regulations established by the European Union to oversee and regulate financial activities within its member states. The book analyzes the interplay between EU financial regulation and civil liability.

  2. Civil Liability: Civil liability pertains to the responsibility of individuals or entities for their actions that cause harm or damage to others. In the context of the book, it explores the relationship between EU financial regulations and civil liability in the realm of financial services and activities.

  3. Coordination: The abstract emphasizes the examination of whether a coordinated approach has been adopted in the interrelationship between EU financial regulation and civil liability. This involves assessing the level of cooperation and harmonization achieved across different sectors of financial services, such as payments, credit, and securities.

  4. Legal Comparative Analysis: The book employs top-down and bottom-up legal comparative analysis, which involves examining legal systems and frameworks at both higher and lower levels. This method is crucial for understanding the differences and similarities in financial regulation and civil liability across various jurisdictions, including EU member states and the US.

  5. Law and Economics: This interdisciplinary approach combines legal analysis with economic principles. The contributors consider economic implications and incentives in the context of financial regulation and civil liability, providing a more comprehensive understanding of the issues at hand.

  6. Experimentalist Governance: The abstract mentions the use of experimentalist governance, which involves testing and adapting regulatory approaches to address challenges in real-world contexts. This approach is likely employed to outline directions for cross-sector and cross-actor coordination at EU and national levels.

  7. Private Law Remedies: The abstract highlights the need to rethink the role of civil liability and private law remedies as regulatory and compensatory tools in European financial law. Private law remedies refer to legal actions taken by individuals or entities to seek compensation or enforce their rights through civil litigation.

This book is a valuable resource for scholars and practitioners in the fields of European and private law, financial regulation, and economics, offering insights into the complexities of coordinating financial regulation and civil liability in the European context. It provides a roadmap for the development of coordination at both EU and national levels and underscores the evolving role of civil liability in the regulatory landscape.

Financial Regulation and Civil Liability in European Law (2024)

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