Creative Commons

This dissertation was written as part of the LLM in Transnational and European Economic Law, Banking Law, and Arbitration/Mediation at the International Hellenic University. This thesis deals with and analyzes the resolution law of the Banking Union. Therefore, the area of banking regulation, banking supervision, and bank resolution has always been a combination of national and European legislation. The following analysis is divided into six parts. In the first chapter, I am referring to some introductory remarks about Bank resolution and the issue of public interest, which has a central role in the European Monetary Union initially and today in the EU. For bank resolution, there are two main legal tools that are deeply analyzed: the Bank Recovery and Resolution Directive (BRRD) and the Single Resolution Mechanism Regulation (SRMR). The same chapter also analyzes the architecture of the Banking Union framework, which is divided into two pillars: the first and second pillars. For a better understanding of the banking system, it is necessary to divide and underline the differences between liquidation and resolution, which is the main scheme of my thesis. The differences are included in the second chapter of this thesis. The next chapter of my study analyzes the procedural rules of bank resolution under the SRB Regulation, giving emphasis to the role of the SRB and ECB and how they interact when they examine the conditions for a bank resolution. The fourth part includes the substantive rules for bank resolution under the Bank Recovery and Resolution Directive (BRRD) and the resolution tools that the Directive provides for resolving an institution. The public interest and its meaning are introduced in the fifth chapter in more detail, and their application in practice is deeply referred to in the last chapter by referring to some cases that the SRB had to examine and decide if there was a sense of resolving the failing institutions in each case. The methodological framework adopted for the preparation of the thesis is based on bibliographic methodology, with many references to the policies, the guidance documents, and the annual reports published on the official webpage by the SRB and ECB but also through official websites relating to the topic and academic libraries. Furthermore, very important information was recovered by watching videos from various SRB conferences and joint SRB-ECB conferences. -ivConclusively, I would like to thank the International Hellenic University for the opportunity to participate in this postgraduate program while it would be ungrateful of me if I failed to mention those who actually and inadvertently supported me throughout the entire process of writing this dissertation.