Legitimacy and effectiveness of ESMA's soft law / Marloes van Rijsbergen.

Format:

Book

Author/Creator:

Rijsbergen, Marloes van, author.

Contributor:

Edward Elgar Publishing, publisher.

Series:

Elgar studies in law and regulation.

Elgar studies in law and regulation

Language:

English

Subjects (All):

Securities--European Union countries.

Securities.

Capital market--Law and legislation--European Union countries.

Capital market.

European Securities and Markets Authority.

Physical Description:

1 online resource (360 pages).

Other Title:

Legitimacy and effectiveness of European Securities and Markets Authority's soft law

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, [2021]

Summary:

"This timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies' soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA's existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the 'hard' effect of these soft laws. Built on a combination of theoretical analysis and first-hand practical experience, Marloes van Rijsbergen tests the framework for each category of ESMA's soft law instruments at each stage of the policy cycle, demonstrating that the framework can be applied to other EU agencies with similar soft law-making powers. This unique framework assesses which procedural and institutional safeguards regarding EU agencies' soft law would reflect an adequate balancing of both legitimacy and effectiveness concerns. Comprehensive yet accessible, this book will be a key resource for students and scholars of EU financial law, constitutional law, public administration and governance. Providing an evaluation of the legal nature of ESMA's soft law acts in the context of the financial sector, it will also prove valuable for practitioners, compliance officers and parties establishing other EU agencies"-- Provided by publisher.

Contents:

Contents: 1. Setting the scene

2. Guiding principles for EU agencies' soft law-making

3. Defining the legal basis for esma's soft law-making powers

4. Initiation of esma's soft law-making powers

5. Esma's decision-making process

6. Transparency with regard to esma's soft law instruments

7. Transposition of esma's soft law instruments

8. Compliance with esma's soft law instruments

9. Enforcing esma's soft law instruments vis-à-vis national authorities

10. Reviewing esma's soft law instruments

11. Conclusions and recommendation

Bibliography

Index.

Notes:

Includes bibliographical references (pages 306-315) and index.

Description based on print version record.

ISBN:

1-83910-971-8