The Age of ESMA
Governing EU Financial Markets
Published on 29. November 2018
Book
Hardback
392 pages
978-1-5099-2177-5 (ISBN)
Description
Since its establishment in 2011, the European Securities and Markets Authority (ESMA) has become a pivotal actor in EU financial market regulation and supervision. Its burgeoning influence extends from the rule-making process to supervisory convergence/coordination to direct supervision. Reflecting the now critical importance of ESMA to how the EU regulates and supervises financial markets, and with ESMA at an inflection point in its evolution, particularly in light of the Commission's 2017 proposals to reform ESMA and the UK's withdrawal from the EU, The Age of ESMA maps, contextualises, and examines ESMA's role and the implications for EU financial market governance.
Reviews / Votes
For academics and practitioners alike, if one wishes to gain a better understanding of how ESMA operates, there is no way around reading this highly commendable work. -- Markus Heidinger, Wolf Theiss, Vienna * Journal of International Banking Law and Regulation * The Age of ESMA is intended to ask how ESMA has come to occupy a central position in EU financial market governance and the ramifications of its expanding influence ... This ambitious target is fully met and this book, to my mind, works as the much needed and most comprehensive review of the first years of operation of ESMA, up to its recently adopted reform in Spring 2019. -- Marco Lamandini * Common Market Law Review * The Age of ESMA is an excellent piece of research: it is replete with facts, ambitious in identifying the key questions and cautious in both its answers and in drawing lessons for the future therefrom. Anyone with an interest in understanding how centralised (both on and off the books) EU financial markets regulation is should read it. -- Luca Enriques, Jesus College, Oxford * Cambridge Law Journal *More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Dimensions
Height: 236 mm
Width: 160 mm
Thickness: 28 mm
Weight
1500 gr
ISBN-13
978-1-5099-2177-5 (9781509921775)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
11/2018
1st Edition
Hart Publishing
€60.99
Available for download
Person
Niamh Moloney is Professor of Financial Markets Law at the London School of Economics and Political Science and a Fellow of the British Academy.
Content
1. Introducing ESMA
I. Introduction: Examining ESMA through an Institutional Lens
II. Characterising ESMA: ESMA's Setting and its Role
III. Contextualising ESMA
IV. Technocratic Influence, Effectiveness, and Legitimacy
V. Roadmap
2. ESMA's Governance
I. Assessing ESMA and its Governance Arrangements
II. Examining ESMA's Governance Arrangements
III. Contextualising ESMA's Governance Arrangements: Influence, Effectiveness, and Legitimacy
IV. ESMA's Institutional Design
V. ESMA's External Governance Arrangements
VI. ESMA's Funding Arrangements
VII. Conclusion
3. ESMA and Regulatory Governance
I. Assessing ESMA and the Regulatory Governance Setting
II. Examining ESMA's Role in Regulatory Governance
III. Contextualising ESMA's Role: Influence, Effectiveness, and Legitimacy
IV. Building the Single Rule-book: ESMA as Architect of EU Administrative Financial Market Regulation
V. Building the Soft Law Rule-book: ESMA as the Designer and Custodian of EU Financial Market Soft Law
VI. The Legislative Process: Shaping Regulatory Governance from the Bottom Up
VII. Conclusion
4. ESMA and Supervisory Convergence
I. Assessing ESMA and the Supervisory Convergence Setting
II. Examining ESMA's Role in Supervisory Convergence
III. Contextualising ESMA's Role: Influence, Effectiveness, and Legitimacy
IV. Supervisory Convergence in Practice
V. Conclusion
5. ESMA and Direct Supervision/Market Intervention
I. Assessing ESMA and the Direct Supervision/Market Intervention Setting
II. Examining ESMA's Role as a Direct Supervisor
III. Contextualising ESMA's Role: Influence, Effectiveness, and Legitimacy
IV. Direct Supervision in Practice: Rating Agencies and Trade Repositories
V. NCA-Oriented Supervision: Breach of EU Law, Binding Mediation, and Emergency Conditions
VI. Exceptional Intervention: Short Selling, Product/Services Intervention, and Intervention in the Commodity
Derivatives Market
VII. Th e 2017/2018 Reform Waypoint (1): CCP Supervision and the 'European Supervisory Mechanism'
VIII. Th e 2017/2018 Reform Waypoint (2): Th e 2017 ESA Proposal
IX. And the Direction of Travel Continues: Th e 2018 Crowdfunding Proposal
X. Conclusion
6. ESMA as a Network Actor
I. ESMA as a Network Actor
II. ESMA and the EU Financial Governance Network
III. ESMA and the International Financial Market Governance Network
IV. Conclusion
I. Introduction: Examining ESMA through an Institutional Lens
II. Characterising ESMA: ESMA's Setting and its Role
III. Contextualising ESMA
IV. Technocratic Influence, Effectiveness, and Legitimacy
V. Roadmap
2. ESMA's Governance
I. Assessing ESMA and its Governance Arrangements
II. Examining ESMA's Governance Arrangements
III. Contextualising ESMA's Governance Arrangements: Influence, Effectiveness, and Legitimacy
IV. ESMA's Institutional Design
V. ESMA's External Governance Arrangements
VI. ESMA's Funding Arrangements
VII. Conclusion
3. ESMA and Regulatory Governance
I. Assessing ESMA and the Regulatory Governance Setting
II. Examining ESMA's Role in Regulatory Governance
III. Contextualising ESMA's Role: Influence, Effectiveness, and Legitimacy
IV. Building the Single Rule-book: ESMA as Architect of EU Administrative Financial Market Regulation
V. Building the Soft Law Rule-book: ESMA as the Designer and Custodian of EU Financial Market Soft Law
VI. The Legislative Process: Shaping Regulatory Governance from the Bottom Up
VII. Conclusion
4. ESMA and Supervisory Convergence
I. Assessing ESMA and the Supervisory Convergence Setting
II. Examining ESMA's Role in Supervisory Convergence
III. Contextualising ESMA's Role: Influence, Effectiveness, and Legitimacy
IV. Supervisory Convergence in Practice
V. Conclusion
5. ESMA and Direct Supervision/Market Intervention
I. Assessing ESMA and the Direct Supervision/Market Intervention Setting
II. Examining ESMA's Role as a Direct Supervisor
III. Contextualising ESMA's Role: Influence, Effectiveness, and Legitimacy
IV. Direct Supervision in Practice: Rating Agencies and Trade Repositories
V. NCA-Oriented Supervision: Breach of EU Law, Binding Mediation, and Emergency Conditions
VI. Exceptional Intervention: Short Selling, Product/Services Intervention, and Intervention in the Commodity
Derivatives Market
VII. Th e 2017/2018 Reform Waypoint (1): CCP Supervision and the 'European Supervisory Mechanism'
VIII. Th e 2017/2018 Reform Waypoint (2): Th e 2017 ESA Proposal
IX. And the Direction of Travel Continues: Th e 2018 Crowdfunding Proposal
X. Conclusion
6. ESMA as a Network Actor
I. ESMA as a Network Actor
II. ESMA and the EU Financial Governance Network
III. ESMA and the International Financial Market Governance Network
IV. Conclusion