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Banking Supervision and Criminal Investigation: Comparing the EU and US Experiences: Comparative, European and International Criminal Justice, cartea 1

Autor Giulia Lasagni
en Limba Engleză Paperback – 27 noi 2020
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. 



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Specificații

ISBN-13: 9783030121631
ISBN-10: 3030121631
Pagini: 366
Ilustrații: XI, 366 p. 1 illus.
Dimensiuni: 155 x 235 mm
Greutate: 0.53 kg
Ediția:1st ed. 2019
Editura: Springer International Publishing
Colecția Springer
Seria Comparative, European and International Criminal Justice

Locul publicării:Cham, Switzerland

Cuprins

​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 IICriminal 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 IIIBanking Criminal Investigations: Real-Time Monitoring of Banking Data: State of Play In The EU: Some Proposals.- Introducing A Regulation On (Banking) Data Surveillance.- Conclusion.

Textul de pe ultima copertă

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. 


Caracteristici

Presents critical issues on banking investigations on a more comprehensive way Addresses a number of the most controversial issues of banking criminal law systems in todays globalized contexts Contributes to the debate concerning fair trial rights and privacy not only with respect to banking investigations, but also in a broader sense, as the themes analysed are extremely relevant for all the debates concerning the development of criminal law systems in the EU