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Porównanie koncepcji normatywnych nowego europejskiego nadzoru finansowego oraz Europejskiego Systemu Banków Centralnych – wybrane zagadnienia

100%
Fedorowicz M.
Studia Europejskie-Studies in European Affairs
|
2011
|
issue 2
49-68
EN
This article discusses the legal solutions and legal construction of the new European Financial Supervision, which create the European System of Financial Supervisors (ESFS), consisting of three European Supervisory Authorities – European Banking Authority, European Securities and Markets Authority, and European Insurance and Occupational Pensions Authority. The principal aim of this publication is to compare legal construction of the new European Financial Supervision with legal concept of the European System of Central Banks. The outline of the essay is as follows. Section 2 analyses and compares with the ESCB legal organizational structure of the macro-prudential and micro-prudential new European Financial Supervision. Section 3 describes legal instruments of the authorities of the integrated European Supervision which can be used to achieve financial stability within the European Union. This part of the essay also deals with legal instruments of the ESCB, which ensure the unified European monetary policy within the Euro Zone. Section 4 describes key principles behind functioning of the European Financial Supervision and the ESCB. Finally, section 5 of this essay contains conclusions about similarities and differences of legal concept and construction of the European Financial Supervision and the ESCB.
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Kompetencja prawotwórcza Europejskiego Banku Centralnego

75%
Fedorowicz M.
Studia Europejskie-Studies in European Affairs
|
2010
|
issue 4
139-156
EN
The fundamental tasks to be carried out through the European System of Central Banks include defining and implementation of the EU monetary policy in the countries of the Eurosystem. This article concerns legal powers of the European Central Bank after the Treaty of Lisbon came into force. There are no changes specifically regarding legal powers of ECB after the Treaty of Lisbon. Concerning the European monetary integration, changes after the Treaty relate to the monetary policy in the Eurosystem. Also, notably, the regulation of ECB legal draft powers under the Treaty on the Functioning of the European Union (like in the Treaty establishing the European Community) is separate from the legal draft regulation of other EU institutions. The primary objective of the Eurosystem is to maintain price stability. This objective is achieved with legal acts of the ECB: regulation, decision, opinion, recommendation, guideline and instruction, analysed in this publication. The point to inquire into the legal powers of the ECB was to reveal which form of the legal act of the ECB can be used by the regulation of different matters of European monetary integration. Especially, the areas of guideline and instruction by the ECB was very important. To consider the legal powers of the ECB is significant for a number of reasons. Legal acts ensure integrated and homogeneous monetary policy within the European Union and will make up a very important part of the Polish banking law system after Poland becomes a member of the Eurosystem. The article also discussed the new tasks of the ECB within the new European financial supervision to be established on the European level.
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