Pubblicazione legale:
On 10th July 2013 the European Commission adopted the “Communication
on the application, from 1 August 2013, of State aid rules to
support measures in favour of banks in the context of the financial
crisis”. The so called “Banking Communication” replaces the 2008
Banking Communication and supplements the remaining crisis rules.
In particular, the new Communication on the banking sector has
adapted the previous guidelines to the changed conditions of the
crisis, consolidated by the recent tensions in the sovereign debt
market, strengthening burden-sharing requirements and establishing
a procedure for the permanent approval of recapitalization and asset
relief measures. This paper is aimed at examineing the substantive
and procedural innovations introduced by the recent Communication
in view of the entry into force of a european regulatory framework
on the recovery and resolution of the crisis in the banking
industry. Such innovations deserve careful consideration as they
represent the refinement of a regulatory experience in the prevention
and resolution of banking crises, that will be the starting point for the
establishment of a system of soft law to be applied to aid towards the
resolution of the crisis of credit institutions in ordinary or post-crisis
market conditions.
Fonte: Rivista italiana di diritto pubblico comunitario, 6-2014
