If you know that Lexitor is not the name of a former Roman consul and WIBOR is not a new cyborg in the next Star Trek movie, some people may think you are half way a banking law expert. If you furthermore understand that legislation is just one side of the medal and jurisdiction can be even more important for both industry and customers, you get even closer … Preliminary rulings of the European Court of Justice (ECJ) are often landmarks for the developments of EU law and beyond. That may in itself not be a very astonishing fact. But as EU harmonisation progresses, ECJ rulings more and more affect not only the parties of the case and member states but other stakeholders of many kinds. As the group of stakeholders who can give input to support well informed ECJ decisions is limited (see Art 23 of the ECJ Statute), other interested parties don’t have a say presently. From this background the European Banking Federation co-organised with ACCIS on 17 October 2024 the second conference on access to requests for preliminary rulings for third parties. Two panels with most distinguished speakers discussed ways and models for such an enhanced participation. Very much food for thought, especially as the recent reform of parts of the ECJ procedural rules demonstrated that an adequate change is possible - which is a promising sign for further steps. Many Thanks to the panelists Dr. Toms Krumins, Marc Mossé, Dr. Markus Kellner, Prof. Marie-Anne Frison-Roche (𝒎𝒂𝒇𝒓), Dr. Kathleen Gutman, Prof. Jens-Hinrich Binder, Prof. Marianne M. Rødvei Aagaard as well as to organizers and moderators Wim Mijs, Dr. Mathias Otto, Blazej Blasikiewicz and the EBF Team as well as Kiki Tsourou and Enrique Velazquez of ACCIS. #bankenverband #bankrecht #ebf #ecj #accis
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On 28 March 2024, amendments to the Markets in Financial Instruments Regulation (MiFIR) (Regulation (EU) 2024/791) and Markets in Financial Instruments Directive (MiFID II) (Directive (EU) 2024/790) entered into force, including the introduction of a ban on payment for order flow (PFOF). There is the option for Member States to provide a grandfathering, but so far Germany looks to be the only EU Member State that is considering the use of this option. The authors of the article below Dr. Jochen Seitz, Anna Hersener, Fabian Jacksch, Alessandro Accrocca, Vincent Fidelle, Robert Masman, Pierre Reuter, Eoin O Connor, Dr. Stefan Schrewe, Carlos Carbajo Amigó, Dr Peter Knobel from Cerha Hempel and Joel Montin from Hannes Snellman Advokatbyrå AB have analysed the situation in different EU Member States. For further details, please click on the link below to read our detailed analysis on the new PFOF prohibition. https://lnkd.in/gHuWbbcQ #PFOF #financialregulation #EUMiFIR
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Joined the round table discussing the implementation / transposition of the CDDII Directive into Czech law. Great moderation of #MartinaSobkova of the periodical #Bankovnictvi. Key presenters included #JiriHauptmann, Board Member, The Association of Non-Banking Financial Lenders, #DusanHradil, Director General - Financial Markets, Ministry of Finance, #DavidBorges, Policy analyst for People in Need, and #DavidVyhnalek, Director, Financial Market Regulation Division III at the Czech National Bank. The venue was under the auspices of Mr. Michael Kohajda, MP, Chamber of Deputies, Parliament of the Czech Republic. Topics discussed include (just a selected few): · The trade-off between consumer protection and capping the price of the credit, · Impact of technology throughout the credit value chain from underwriting to collections, · How to ensure fairness while keeping efficiency in the underwriting process, and · Limitations to use available data due to privacy constraints.
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On September 19, the Australian Securities and Investments Commission (ASIC) welcomed the introduction of new financial market infrastructure (FMI) laws that significantly enhance its regulatory powers, ensuring a more stable and efficient Australian financial system. These reforms are part of the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024. Key Highlights: - Strengthened Regulatory Regime: The new laws empower ASIC and the Reserve Bank of Australia (RBA) to better monitor, manage, and respond to risks related to FMIs, including financial market operators, clearing and settlement facilities, and derivative trade repositories. - Enhanced Powers: ASIC now has expanded authority to regulate FMIs, enforce compliance, and promote fair and effective service provision by licensed clearing and settlement facilities, ensuring the resilience and stability of Australia’s capital markets. - Collaborative Approach: ASIC Commissioner Simone Constant emphasized the importance of working closely with the RBA and industry to implement these reforms effectively, with a focus on developing updated regulatory guidance and ensuring compliance across the sector. This legislative change marks a significant step forward in maintaining the integrity and stability of Australia’s financial markets, positioning ASIC to more effectively safeguard the financial system against emerging risks. For more updates on financial market regulations and infrastructure reforms, unlock cutting-edge legal intelligence with our subscription free platform — join us today. Visit https://lnkd.in/gZmkUPim to know more. #ASIC #FinancialMarkets #InfrastructureReforms #Regulation #Australia #CapitalMarkets #GRI
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💡 A global survey by the International Chamber of Commerce estimated that digitisation could cut trade finance costs by up to US$6 billion in 3-5 years and boost banks' trade finance revenues by 10%. As momentum to move away from a paper-dominated system builds, it is important to understand the impact that the Model Law on Electronic Transferable Records (MLETR) has on international trade. 👉🏻 What is MLETR? MLETR is a legislative framework developed by the United Nations Commission on International Trade Law (UNCITRAL) with the goal to enable the use of and recognition of electronic documents of title to engage in commercial activities. In our interview with Tianmi Stilphen, Lead of Legal Reform at ICC DSI, we discuss frequently asked questions that come up in discussions about MLETR, including its goal and key principles. You will find answers to questions like: ✅ What are the key principles of MLETR? ✅ How does the alignment of MLETR impact international trade standards? ✅ What are the 8 stages of MLETR alignment? Learn more: https://lnkd.in/e9yzdgte #InternationalTrade #MLETR #ElectronicTransferableRecords #DigitalTrade #TradeDigitisation #WeAreICC #ICCWBO
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MLETR is the important set of law for digitalized trade finance!
💡 A global survey by the International Chamber of Commerce estimated that digitisation could cut trade finance costs by up to US$6 billion in 3-5 years and boost banks' trade finance revenues by 10%. As momentum to move away from a paper-dominated system builds, it is important to understand the impact that the Model Law on Electronic Transferable Records (MLETR) has on international trade. 👉🏻 What is MLETR? MLETR is a legislative framework developed by the United Nations Commission on International Trade Law (UNCITRAL) with the goal to enable the use of and recognition of electronic documents of title to engage in commercial activities. In our interview with Tianmi Stilphen, Lead of Legal Reform at ICC DSI, we discuss frequently asked questions that come up in discussions about MLETR, including its goal and key principles. You will find answers to questions like: ✅ What are the key principles of MLETR? ✅ How does the alignment of MLETR impact international trade standards? ✅ What are the 8 stages of MLETR alignment? Learn more: https://lnkd.in/e9yzdgte #InternationalTrade #MLETR #ElectronicTransferableRecords #DigitalTrade #TradeDigitisation #WeAreICC #ICCWBO
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On October 28, the UK Government published the Financial Services and Markets Act 2023 (Commencement No. 8) Regulations 2024, marking the seventh set of commencement regulations under FSMA 2023. These regulations activate various provisions within FSMA 2023 to align UK financial legislation with current market needs. Key Highlights: - Revocation of EU Assimilated Laws: The regulations revoke certain EU laws, including standards for fee presentation under the Payment Accounts Regulations 2015 and rules recognizing LIBOR as a critical benchmark, as LIBOR is no longer published. - Enhanced FCA Powers: New provisions grant the Financial Conduct Authority (FCA) authority to: - Suspend waivers under MiFIR. - Set rules for pre- and post-trade transparency for fixed income instruments, derivatives, and systematic internalisers. - Impose or manage position limits on commodity derivatives, transitioning from a duty to a discretionary power. - Amendments to FSMA 2000: The amendments enable HM Treasury to regulate unauthorised co-ownership alternative investment funds and provide the FCA with new rule-making powers concerning MiFIR’s market structure requirements. - Equivalence Decisions: EU-derived equivalence decisions on foreign regulatory frameworks are being revoked and will be restated in UK terms upon their effective revocation. The provisions will take effect on varying dates as outlined in the regulations. For more updates on UK financial regulations, follow Global Regulatory Insights. #FSMA2023 #FinancialRegulation #FCA #UKFinance #MiFIR #GRI
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📌 European Commission’s Draft Interpretative Communication on MiFIR The European Commission unveiled a draft interpretative notice on Wednesday, March 27, to clarify the transitional provision of the revised Markets in Financial Instruments Regulation (MiFIR) for market participants. 🔗 Link to the announcement : https://lnkd.in/dF_Ynf4A #EuropeanCommission #MiFIR #FinancialMarkets #Interpretation #Regulation #EU
Commission publishes draft interpretative notice on the transitional provision of the MiFIR review
finance.ec.europa.eu
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A well functioning payments system is crucial for any economy. Our payments landscape has dramatically changed in the past years and more initiatives are coming. Interoperability and fraud prevention should be priorities in the coming cycle. More in our ECRI - European Credit Research Institute contribution 👇👇
🆕🗞 What should be the priorities of the next 🇪🇺 Commission in #payments? Find out in our latest explainer authored by Judith Arnal Martínez, Fredrik Andersson, and Beatriz Pozo Pérez! Covering: ➡ Level 1 - Pending files: #PSD3, #PSR, #FIDA and the #DigitalEuro ➡ Level 2 - Implementation of the #InstantPayments Regulation ➡ Level 3 - Our recommendations for the future 💡 READ THEM ALL HERE: https://lnkd.in/d-QDeE_8
Priorities of the next European Commission for payments and credit
ecri.eu
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🆕🗞 What should be the priorities of the next 🇪🇺 Commission in #payments? Find out in our latest explainer authored by Judith Arnal Martínez, Fredrik Andersson, and Beatriz Pozo Pérez! Covering: ➡ Level 1 - Pending files: #PSD3, #PSR, #FIDA and the #DigitalEuro ➡ Level 2 - Implementation of the #InstantPayments Regulation ➡ Level 3 - Our recommendations for the future 💡 READ THEM ALL HERE: https://lnkd.in/d-QDeE_8
Priorities of the next European Commission for payments and credit
ecri.eu
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Very happy to see this published in the Common Market Law Review, as it provisionally finalizes a research line in which I tried to: • Retrace the historical reliance on Article 122 TFEU (and its precursors); • Identify the nature of the two legal bases; • Identify the limits to the broadly worded empowerment in Article 122(1) TFEU. The main findings are that 1. qualitatively the EU is relying on Article 122 TFEU in a completely different way than it did pre-Lisbon; 2. only Article 122(2) TFEU is an emergency legal basis but that Article 122(1) TFEU should not be considered one, following a textual, systemic and historical reading of the provision; and that 3. while conceptualizing Article 122(1) TFEU as an emergency legal basis puts useful limits on the competence contained in that provision, other sufficient limits can be identified meaning there is no need to follow a consequentialist logic (i.e. it should be an emergency competence otherwise it would grant an unchecked power to the Council) when defining the nature of the competence in Article 122(1) TFEU.
📘 The December 2024 issue (Vol. 61 No. 6) of the CML Rev is out! Featuring: 🔸Editorial Comments: “From Opinion 2/13 to KS and KD: Confronting a legacy of constitutional tensions”. 🎉 The CML Rev 2023 #YoungAcademicsPrize winning Article: “The Digital Markets Act: A partial solution to antitrust’s remedy problem", by Friso Bostoen and David van Wamel. 🔸 Sara De Vido and Mathias Moschel on Case C-621/21: “WS: A turning point for women’s rights?” 🔹 Daniel Segoin's review of “The New European Central Bank: Taking Stock and Looking Ahead”, edited by Thomas Beukers, Diane Fromage and Giorgio Monti. 🔸 “The constitutional core of the Union: On the CJEU's new, principled constitutionalism”, by Jürgen Bast and Armin von Bogdandy. 🔹 Francesca Palmiotto on Case C-178/22: “Criminal investigations, access to data and fundamental rights: The role of judicial review after Procura”. 🔸 Irina Domurath's review of “European Sales Law: Challenges in the 21st Century”, edited by Stefan Grundmann and Yesim M. Atamer. 🔹 “The non-emergency economic policy competence in Article 122(1) TFEU” by Merijn Chamon. 🔸 Attila Vincze on Case C-582/21: “Form follows function: Reopening of judicial proceedings and EU law in Profi Credit Polska”. 🔹 Zuzana Vikarska's review of “The Future of EU Constitutionalism”, by Matej Avbelj. 🔸 “What legal basis for an EU tax?” by Martha Caziero. 🔹 Matteo Winkler's review of “Cross-Border recognition of Formalized Same-Sex Relationships: The Role of Ordre Public”, by Laima Vaige. 🔸 "Reforming the Stability and Growth Pact: Debt reduction versus sustainable and inclusive growth", by Hanna Oraheimo and Kasper Paasikallio. 🔹 The CML Rev's annual Index of all articles, case notes and book reviews published in 2024. ... and plenty more! ➡ https://lnkd.in/d7jEbMFk
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