유럽에 있어서 금융행정으로서의 금융규제 체제

• 영문명: European financial regulation system as financial administration - Focus on legal system for financial regulations -
• 발행기관: 유럽헌법학회
• 저자명: 최승필(Choi, Seung Pil)
• 간행물 정보: 『유럽헌법연구』제4호, 159~182쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.12.30

영문 초록

Current financial crisis starting in U.S. makes us reexamine the global financial system including U.S and Europe. Since launching community currency system, European Community moved to abolish financial regulations and push forward free market principle. But, this financial crisis raises questions on this principle and actions. `Free Movement,` a principle of European financial system has been driven by `Single Passport` system, which has resulted in EC Treaty, and various `Regulation,` `Directive` and `Decision` as secondary legal sources. `Directive` is an important legislation tool, and it accepts individual characteristics of member countries and consolidates the entire market. In addition, it establishes a regulatory system for financial service market including bank, security, insurance, as well as provides protective regulations to investors. European Central Bank cannot take a direct control of financial market, but it is involved in direct supervision by using `Opinion,` and `Recommendation.` In Europe, `EU-Council` and `EU-Commission` are two financial supervisory organizations, and `EU Commission` commands different regulatory and advisory units for major market segments including bank, securities, insurance and pension. Those regulatory and advisory units are engaged with two and three phases of Lamfalussy process Amid current financial crisis, some experts argue that EU needs to give more power to the European Central Bank such as a function of lender of last resort. Further they argue that EU should put more regulations on high-risk financial products including financial derivatives. The voice appear to confront disagreement from EU members, but in a larger perspective, they surely move forward to re-establish a stronger regulatory system.

목차

Ⅰ. 들어가는 말

Ⅱ. 유럽금융행정과 금융규제

Ⅲ. 유럽금융행정의 구체적 검토-조직법적 검토

Ⅳ. 유럽금융행정의 규제분야별 검토 - 업역별 금융규제

Ⅴ. 맺음말 - 최근의 미국발 금융위기에 대응한 유럽금융시장의 안정화 조치와 규제강화 동향

참고문헌

〈Abstract〉

키워드

유럽금융 금융행정 금융규제 금융감독 금융시장 European financial system Financial administration Financial regulation Financial supervision Financial market