Credito cooperativo e proporzionalità nel diritto bancario europeo

[Autom. eng. transl.] This volume, the second in the series, discusses the application of the principle of proportionality in European banking regulations. Modulating the rules according to the characteristics of each bank, in particular, can be very expensive. This is one of the reasons why European regulations often tend to prefer "one-size-fits-all" regulatory solutions. Even when considering smaller banks, the legislator also neglects the peculiarities that characterize cooperative credit banking groups: although conceived as true "supervision instruments" and composed mainly of small and non-complex banks, they too end up be subject to the same rules dictated for large institutions. These are the premises from which the authors move in formulating possible solutions to the problematic retreat of proportionality. At the same time, it is appropriate to ensure that the application of this principle does not result in an unjustified relaxation of prudential discipline, to avoid threatening the stability of the entire financial system. In this sense, the recent crisis in the US banking sector - culminating in the failures of Silicon Valley Bank, Signature Bank and First Republic Bank - allows us to formulate detailed conclusions, capable of distinguishing between prudential capital requirements, corporate governance rules and compliance obligations. vigilance.