La crisi del settore bancario tra aiuti di Stato e meccanismi di risanamento e risoluzione.

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