TY - JOUR
T1 - Proportionality in the European Banking Law. Lessons from Silicon Valley Bank
AU - Arrigoni, Matteo
AU - restelli, enrico rino
PY - 2023
Y1 - 2023
N2 - European prudential regulation imposes significant compliance costs on banks, justifying extensive use of proportionality. However, the failure of Silicon Valley Bank raised numerous objections to this approach. According to many scholars and practitioners, the crisis of SBV originated from a substantial loosening of the regulatory standards and the corresponding supervisory enforcement. In this context, the article discusses the intricate relations between proportionality and financial stability, reaching an articulated conclusion. While concerning prudential capital requirements it seems reasonable to adopt a uniform discipline, as to supervision (e.g., SREP), a proportional approach seems more appropriate. At the same time, the failure of SVB advocates in favor of a partly different approach toward corporate governance.
AB - European prudential regulation imposes significant compliance costs on banks, justifying extensive use of proportionality. However, the failure of Silicon Valley Bank raised numerous objections to this approach. According to many scholars and practitioners, the crisis of SBV originated from a substantial loosening of the regulatory standards and the corresponding supervisory enforcement. In this context, the article discusses the intricate relations between proportionality and financial stability, reaching an articulated conclusion. While concerning prudential capital requirements it seems reasonable to adopt a uniform discipline, as to supervision (e.g., SREP), a proportional approach seems more appropriate. At the same time, the failure of SVB advocates in favor of a partly different approach toward corporate governance.
KW - CRD
KW - Capital Requirements
KW - Corporate Governance
KW - Proportionality
KW - SREP
KW - SVB
KW - Supervision
KW - CRD
KW - Capital Requirements
KW - Corporate Governance
KW - Proportionality
KW - SREP
KW - SVB
KW - Supervision
UR - https://publicatt.unicatt.it/handle/10807/270320
UR - https://www.scopus.com/inward/citedby.uri?partnerID=HzOxMe3b&scp=85186236371&origin=inward
UR - https://www.scopus.com/inward/record.uri?partnerID=HzOxMe3b&scp=85186236371&origin=inward
U2 - 10.1515/ecfr-2023-0031
DO - 10.1515/ecfr-2023-0031
M3 - Article
SN - 1613-2548
VL - 20
SP - 936
EP - 963
JO - European Company and Financial Law Review
JF - European Company and Financial Law Review
IS - 5-6
ER -