This paper analyses the legal framework for banking prudential regulation, i.e. the catalogue of legal acts (sources) in which banking prudential requirements are included. Its previous model had encompassed three main sources of banking prudential regulation: the statute: Banking Law, resolutions of Financial Supervision Commission and legally nonbinding, supervisory recommendations of the aforementioned Commission. It had provoked disputes and controversy over its conformity with a constitutionally determined range of binding legal acts of general application and resulted in articulating proposals of relevant changes to that structure. Meanwhile, in response to the global financial crisis, the European Union adopted so-called “CRD IV/CRR package” aiming at restoring the stability and strengthening the resilience of the single EU financial market, especially banking sector. One of the measures to reach that goal, introduced by the provisions of the Capital Requirements Directive IV (CRD IV) and the Capital Requirements Regulation (CRR), which together constitute a legislative package, is a reform of the EU legal framework for prudential requirements for credit institutions and investment firms. Due to the maximum harmonization, established as the new rule, and the concept of creating uniform set of prudential requirements (single rulebook), the core requirements are comprised in regulation (CRR), whereas reshaped EU legal framework has been enlarged by new types of binding legal acts (sources): regulatory and implementing technical standards, accompanied by nonbinding guidelines and recommendations issued by EBA as well as warnings and recommendations issued by ESRB. Adoption of the package provided a stimulus to enactment of an amendment to the statute: Banking Law. Under the provisions of the amended statute, changes to the legal framework for banking prudential regulation result in eliminating from that catalogue the resolutions of Financial Supervision Commission, conferring the power to adopt pertinent regulations on the Minister of Finance and ensuring the effective application of EU legislation. The new model of national legal framework for banking prudential regulation complies with constitutionally determined range of binding legal acts of general application and shall facilitate the convergence of regulatory framework and supervisory policies within the single EU financial market.
Nov 4, 2020
Mar 14, 2017
|Nowa struktura regulacji prawnej bankowych norm ostrożnościowych||Nov 4, 2020|
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