EU Law (MiFID II) and effective regulation: a step towards financial stability?
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[1] University of Strasbourg
University of Strasbourg
Arrondissement de Strasbourg-Ville, Francia
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- Localización: Maastricht journal of European and comparative law, ISSN 1023-263X, Vol. 26, Nº. 6, 2019, págs. 833-848
- Idioma: inglés
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Resumen
This article examines to what extent EU law is effective in preserving global financial stability and, therefore, preventing financial crisis. A difference between macro- and micro-approaches to financial regulation is explained. Whilst the former is concerned with the minimization of systemic risks and maintaining of the financial stability, the latter is focused on the effective regulation of all financial markets’ players, whatever the size of their portfolios. These approaches are the two sides of the same coin, that is limiting the possibility that future financial crises will occur. This paper argues that the effective regulation of investment firms, especially their duty of care, helps to preserve overall financial stability. The choice of the MiFID II as a case study is explained by its appreciation as one of the biggest achievements of EU policymakers in the context of financial law so far. How does a duty to ‘know your customer’ affect global financial stability within the EU? What is the role of soft law in preserving the financial system? These are the questions that this paper seeks to answer.
