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- Title
Bank Resolution and Fundamental Rights.
- Authors
Kokott, Juliane
- Abstract
The article "Bank Resolution and Fundamental Rights" deals with the right to property of shareholders and creditors in bank resolutions. It is noted that the Court of the European Union hesitates to recognize violations or expropriations as a breach of the Charter. The article suggests that the principle of "no creditor shall be worse off" can provide the necessary protection, provided that an assessment of the bank's assets is ensured in advance. The creation of a "bad bank" to address the crisis of four Italian banks is also discussed. It is emphasized that such interventions in rights are only permissible within the framework of fundamental rights and the principle of proportionality. Bank resolution should only be allowed if all creditors are allegedly not worse off than in an immediate insolvency.
- Subjects
EUROPEAN Union; PROPERTY rights; BANK assets; CIVIL rights; EMINENT domain; DEBTOR &; creditor; ASSET protection
- Publication
Zeitschrift für Bankrecht und Bankwirtschaft, 2024, Vol 36, Issue 1, p33
- ISSN
0936-2800
- Publication type
Article
- DOI
10.15375/zbb-2024-0109