Banking Supervision and Criminal Investigation : Comparing the EU and US Experiences / by Giulia Lasagni.

Format:

Book

Author/Creator:

Lasagni, Giulia, Author.

Series:

Comparative, European and International Criminal Justice, 2524-4558 ; 1

Language:

English

Subjects (All):

Conflict of laws.

Law—Europe.

Commercial crimes.

Banks and banking.

Private International Law, International & Foreign Law, Comparative Law .

European Law.

Financial Crime.

Banking.

Local Subjects:

Private International Law, International & Foreign Law, Comparative Law .

European Law.

Financial Crime.

Banking.

Physical Description:

1 online resource (368 pages)

Edition:

1st ed. 2019.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2019.

Summary:

In the aftermath of the last financial crisis, on both sides of the Atlantic banking supervisors were given new supervisory and enforcement powers, which are often of a substantially punitive-criminal nature. In Europe in particular, the establishment of the Single Supervisory Mechanism within the European Central Bank substantially increased centralised investigatory and sanctioning powers. This major innovation, together with the development of forms of real-time monitoring of banking (often digital) records, challenges traditional banking criminal investigations in their national-based and analogue dimension. The book offers a comprehensive account and perspective analysis of the interactions between the criminal and administrative nature of such new powers, highlighting their “punitive” overall nature and their impact on fundamental rights. Covering both the US and the EU regulatory frameworks, it presents unprecedented, trans-systemic research between criminal law and procedure, and between regulatory and administrative law, at the international, European and national level. The book also includes a rich and detailed selection of case law from the US and the European supreme courts, with a specific focus on CJEU and ECtHR decisions. .

Contents:

Introduction

Part I Mapping The Boundaries Of An Intricate Playing-Field: Finding The Way In A Complex Multi-Level Legal Framework

Strengthening Financial Investigation And Supervision At The International Level

Part II Criminal Profiles In Banking Supervision: The Institutional Design of EU Banking Supervision

The US Regulatory Framework of Banking Supervision

The Hybrid Nature of Banking Supervision

Part III Banking Criminal Investigations: Real-Time Monitoring of Banking Data: State of Play In The EU: Some Proposals

Introducing A Regulation On (Banking) Data Surveillance

Conclusion.

Notes:

Includes bibliographical references.

ISBN:

3-030-12161-5