Law

EU Financial Services Law for Non-Lawyers: Institutional and Regulatory Framework – What’s New?

This course analyses the EU legal framework for the regulation and supervision of financial services and describes how state authorities and financial industry representatives can influence in the adoption procedures of EU financial norms and regulatory standards. It also describes the procedures these actors can trigger to contest the legality of these norms before the Court of Justice of the EU.

About this course

In March 2019, the European Parliament and the Member States reached a political agreement to reform the current system of financial supervision with a view of strengthening the macro- and micro-prudential supervision at the EU level. This course explains the legal system for financial services regulation and supervision before and after the reform and it clarifies the distribution of competences between the national and the EU level and the implementation of laws at both levels.

In this course, participants will learn about the respective roles and powers of various actors involved in the decision-making in financial services, with a particular emphasis on the tasks of the EU supervisory authorities (ESAs).

This course will also show participants the current status in the transposition of the EC’s CAD/CAR IV in the financial sector and the roles played by the SSM and the ECB in banking supervision.

Finally, the different legal proceedings which can be initiated before the Court of Justice of the EU to challenge the legality of the actions of the ESAs, the ECB and the SRB will be thoroughly examined.

What will you learn:

Are you working on financial services files and you are keen on gaining a clear overview of the number of regulatory components that compose the so-called EU Financial Services Law? Would you like to know about the adoption mechanisms of the EU financial legal instruments, and who contributed to their adoption? Are you aware the different procedures which can be initiated by natural and legal persons to contest the legality of these EU financial instruments?

Thanks to this course you will learn about:

  • The EU regulatory framework for financial services;
  • The current institutional setup for the supervision of financial institutions;
  • The difference between the roles of the European Supervisory Authorities and the national supervisory authorities;
  • The growing role of EU agencies in drafting legislation, as well as in ensuring their proper implementation by the Member States;
  • The modus operandi of the EU Banking Union and the role of the European Central Bank and the SSM in supervising EU banks;
  • The judicial remedies available to challenge the legality of the actions of the ESAs, the ECB and the SRB and about recent litigation in financial services.

Course methodology/highlights:

The course sessions will be conducted by experts providing a presentation on key topics, illustrated with examples and cases from financial legal practice. All sessions will be followed by Q&A periods allowing for the exchange of ideas and discussion periods where participants will have the possibility to share professional experiences.

By the end of the course, you will:

  • Be able to identify the key competencies of the EU in the financial services area and have a clear overview of its various regulatory components;
  • Develop a better understanding of the decision-making procedures in the area of financial services;
  • Be aware of all the knowledge and expertise that you need to properly implement the EU financial service regulations of relevance to your work;
  • Master the procedural toolkit to contest the EU financial instruments addressed to you or of your individual and direct concern before the Court of Justice of the EU.
  • Civil servants working in the field of  EU financial services
  • Officials in the national regulatory and supervisory authorities
  • Professionals from financial institutions
  • Translators who need to acquaint themselves with the legal terminology used in this sector

Course venue
European Centre for Judges and Lawyers – EIPA Luxembourg
8 rue Nicolas Adames
1114 Luxembourg

Programme Organiser
Ms Juliette Mollicone-Boussuge
Tel: +352 426 230 304
j.boussuge@eipa.eu

Fee
The fee includes documentation and refreshments. Lunches, a reception or dinner are included if mentioned in the programme. Accommodation and travel costs are at the expense of the participants or their administration.

Discounts
EIPA member fee

EIPA offers a discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.

Who are the supporting countries?
Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Spain, Sweden.

For all other participants, the regular fee applies.

Early bird discount

The early bird discount is not cumulative with other discounts or promo codes, except for the EIPA member fee.

Meals
Special dietary requirements (e.g. vegetarian, diabetic) can be indicated once you receive the confirmation of the seminar.

Confirmation
Confirmation of registration will be forwarded to participants on receipt of the completed online registration form.

Payment
Prior payment is a condition for participation.

Cancellation policy
For administrative reasons you will be charged €150 for cancellations received within 15 days before the activity begins. There is no charge for qualified substitute participants. EIPA reserves the right to cancel the activity up to 2 weeks before the starting date. In that case, registration fees received will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.).

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Our experts

Programme

09.00Registration of participants
09.15Welcome and introduction to the course
Juan Diego Ramírez-Cárdenas Díaz, Senior Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers
09.30The new EU Institutional Framework for Financial Regulation and Supervision (I)

  • Institutional framework for macro- and micro-prudential supervision at EU level – the European System of Financial Supervision (ESFS) following the 2019 review
  • Key functions of the European Systemic Risk Board (ESRB)

Eugenia Siracusa, Legal Officer, Legal, Convergence & Enforcement, European Securities and Markets Authority (ESMA), Paris

10.30Q & A Session
10.45Break
11.15The new EU Institutional Framework for Financial Regulation and Supervision (II)
Legal basis, powers and competences of the European Supervisory Authorities (ESAs)
Eugenia Siracusa
12.15Q & A Session
12.30Lunch break
14.00The new EU Institutional Framework for Financial Regulation and Supervision (III)
The progressive broadening of ESMA’s direct supervisory powers: the current role of ESMA as pan-European direct supervisor
Eugenia Siracusa
15.00Discussion
15.15Break
15.45ESAs as Entities Subject to EU Administrative Law

  • Legal status of ESAs as EU agencies
  • Main principles governing the functioning of ESAs and their operations vis-à-vis external stakeholders – Principle of subsidiarity and proportionality

Juan Diego Ramírez-Cárdenas Díaz

16.45Q & A Session
17.00Interim conclusions of the first day
16.15End of the 1st day
09.00Regulatory framework aspects in the EU Financial sector

  • The transposition of the EC’s CAD/CAR IV in the financial sector
  • The case of Banking supervision by the  SSM and the role of the ECB

Fred Reinertz Barriera, Financial Sector Consultant, Luxembourg

10.15Q & A Session
10.30Break
11.00Sources of EU Financial Services Law

  • Level 1 acts: Legislative acts
  • Level 2 acts: Delegated acts (DA) and Implementing acts (IA)
  • Regulatory technical standards (RTS) and Implementing technical standards (ITS)
  • Role of non-binding legal acts: Guidelines, Recommendations, Q&A
  • Adoption procedures (legislative, ‘comitology’, scrutiny and ‘Lamfalussy’ procedures

Juan Diego Ramírez-Cárdenas Díaz

12.00Q & A Session
12.15Lunch break
14.00General Overview of judicial remedies in the EU

  • The Court of Justice of the EU and its two jurisdictional levels: the Court of Justice and the General Court
  • Legal remedies: action for annulment and action for failure to act
  • The legal standing of individuals before the General Court

Silvère Lefèvre, Legal Secretary at the General Court, Court of Justice of the EU, Luxembourg

15.00Q & A Session
15.15Break
15.45Challenging the legality of actions taken by the ESAs, the ECB and the SRB

  • Actions for annulment against the ESAs – legal framework after 2010
  • New decision-making powers for ESMA – legal remedies at the disposal of the individuals
  • Banking Union and the most recent case law involving the ECB and the SRB

Silvère Lefèvre

16.45Discussion
17.00Conclusions and end of the course

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EU Financial Services Law for Non-Lawyers: Institutional and Regulatory Framework – What’s New?

26 Sep 2022 - 27 Sep 2022
Luxembourg (LU)
Register before: 10 Sep 2022

Simultaneous interpretation can be offered. Contact the programme organizer for more information and conditions.

 900 per attendee
 810 for EIPA members
Registration closed

Discount policy

EIPA offers a discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.

Who are the supporting countries?

Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Spain, Sweden.

For all other participants, the regular fee applies.

Early bird discount

For a limited number of training courses, EIPA offers an early bird discount.

For more information please contact us.

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Register before: 10 Sep 2022
Registration closed