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- Title
One Size Fits All vs. principio di proporzionalità in ambito bancario e mobiliare.
- Authors
De Biasi, Pierluigi
- Abstract
One size-fits-all is the traditional rule under the civil law system, where different rules of the same fact based on quantitative differences are scarce. A concept created by German scholars to limit the enforcement powers of the State, the proportionality rule, via the EU law became a fixture in the soft law production of the various authorities and standard setting institution. The principle, due to a spill-overeffect and to a new law is fully at home in the Italian law system. The banking law and financial market law environments show that the proportionality rules are widely used and when they are not the effect is to eliminate small players from the market. However regulators implementing such provisions appear to pay lips service to the rule and de facto they impose to the regulated subjects to upgrade towards the more complex set of rules.
- Publication
Rivista della Regolazione dei Mercati, 2018, Issue 2, p197
- ISSN
2284-2934
- Publication type
Article