Banking Supervision And Criminal Investigation: Comparing The EU And US Experiences

Description

In the aftermath of the last financial crisis, on both sides of the Atlantic banking supervisors were given new supervisory and enforcement powers, which are often of a substantially punitive-criminal nature. In Europe in particular, the establishment of the Single Supervisory Mechanism within the European Central Bank substantially increased centralised investigatory and sanctioning powers. This major innovation, together with the development of forms of real-time monitoring of banking (often digital) records, challenges traditional banking criminal investigations in their national-based and analogue dimension.The book offers a comprehensive account and perspective analysis of the interactions between the criminal and administrative nature of such new powers, highlighting their “punitive” overall nature and their impact on fundamental rights. Covering both the US and the EU regulatory frameworks, it presents unprecedented, trans-systemic research between criminal law and procedure, and between regulatory and administrative law, at the international, European and national level.The book also includes a rich and detailed selection of case law from the US and the European supreme courts, with a specific focus on CJEU and ECtHR decisions. Front Matter ....Pages i-xi Introduction (Giulia Lasagni)....Pages 1-5 Front Matter ....Pages 7-7 Finding the Way in a Complex Multi-Level Legal Framework (Giulia Lasagni)....Pages 9-83 Strengthening Financial Investigation and Supervision at the International Level (Giulia Lasagni)....Pages 85-106 Front Matter ....Pages 107-107 The Institutional Design of EU Banking Supervision (Giulia Lasagni)....Pages 109-146 The US Regulatory Framework of Banking Supervision (Giulia Lasagni)....Pages 147-159 The Hybrid Nature of Banking Supervision (Giulia Lasagni)....Pages 161-281 Front Matter ....Pages 283-283 Real-Time Monitoring of Banking Data: State of Play (Giulia Lasagni)....Pages 285-325 Introducing a Regulation on (Banking) Data Surveillance in the EU: Some Proposals (Giulia Lasagni)....Pages 327-357 Conclusion (Giulia Lasagni)....Pages 359-366