K2 - Regulation and Business LawReturn

The aim of this paper is to analyse the potential design and competences of a European Deposit Insurance System, which would extend the operation of the existing Single Resolution Mechanism. The analysis also builds on the design of the Federal Deposit Insurance Corporation (FDIC) operating in the US, which is endowed with both resolution and deposit insurance competences. I argue that the Single Resolution Fund (SRF) could be transformed into a Single Resolution and Deposit Insurance Fund (SRDIF) whose capacity would be increased to 1.8% of insured deposits. SRDIF resources would be available both for bank resolution and deposit pay-outs. The main elements of the financing arrangements for the SRDIF would include risk-weighted ex-ante contributions from the banking sector and a public backstop created through a transformed ESM. Given the legal constraints derived from the so-called Meroni ruling, the discretionary decision making of an institution managing the SRDIF would have to involve the Commission and the Council as is the case of the existing Single Resolution Board (SRB). In order to mitigate the adverse selection issue, mutualisation of resources in the SRDIF would have to be gradual over a transition period of six years until 2024. A sufficient reduction of risks across national banking sectors in the EU/Eurozone Member States would have to be achieved in the transition period.

This article is devoted to the banking sector regulation in the European Union and worldwide. The banking regulation is used to control banking risk activities and sustainable portfolio growth. Basel Committee on Banking Supervision (BCBS) coordinates this regulation process and supervision in the world. BCBS prepared the latest regulation called Basel 3. The European Union implemented Basel 3 with legislative package called CRD IV. We describe Basel 3 and CRD IV provisions with focus on capital adequacy, liquidity and leverage. CRD IV improves the capital quality and brings new capital buffers for systemic important institutions and systemic risk, conservative buffer and countercyclical buffer. CRD IV strengthens liquidity and leverage regulation. There are introduced three controlled ratios: liquidity coverage ratio (LCR) for short-termed liquidity, net stable funding ratio (NSFR) for long-termed liquidity and leverage ratio (LR) for leverage analysis. They are calibrated. There are described differences among these documents. Finally, we sum up assessment studies about Basel 3 and CRD IV impact on the European banking sector and economy.

The EU energy industry in is becoming increasingly important and its importance can be expected to grow in the future, especially due to security and environmental issues and aspects of liberalization in the energy industry. In addition, state aid, even outside the energy sector, has had a major impact on the subjects of law in the Czech Republic, and that is not only because of the existence of significant grants from the European Union structural funds. The subject of this paper is selected judgments of the Court of Justice of the European Union focusing on state aid to the energy industry. The beginning of this paper contains a general discussion of the conditions of energy policy and state aid policy. The following parts of this paper concern selected judgments of the Court of Justice of the European Union. Based on the selected judgments, the aim of this paper is to point out problems of interpretation of the provisions regulating the energy sector and state aid.