Universiteit Leiden

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Successful PhD Workshop at Leiden Law School: Beyond Bank Resolution: Resolution and its Frontiers

On Thursday 7 and Friday 8 December 2017, Leiden University’s Hazelhoff Center for Financial Law and the European University Institute in Florence jointly organized a PhD workshop in Leiden.

Researchers from six different universities from all over Europe participated in the workshop titled 'Beyond Bank Resolution: Resolution and its Frontiers'. Professor Matthias Haentjens and PhD Candidates Shuai Guo and Lynette Janssen participated on behalf of the Hazelhoff Centre for Financial Law.

The global financial crisis and the European fiscal crisis raised a new set of cardinal questions concerning the development of the EU internal market and reforms of banking supervision and bank insolvency law. Bank resolution rules were introduced by the Bank Recovery and Resolution Directive (BRRD) and the Single Resolution Mechanism Regulation (SRM) to address bank insolvencies and avoid future largescale bail-outs. The emergence of bank resolution law cannot be studied without looking at its boundaries and the processes which shape this new areas of law. On a substantive level, for instance, the bank resolution rules are contingent on other areas of substantive law, including insolvency law and competition law – some harmonized at European level, others regulated still at the national level only. On a functional level, competences of resolution authorities intersect with those of supervisors and other authorities and the bank resolution rules may require a trade-off between financial stability, integration and competition objectives struck at EU level. Moreover, with the scope so far limited to banks only, resolution law's extension to insurance companies and central counterparties is forthcoming.

The workshop took place in the Academy building and the Kamerlingh Onnes Building of Leiden University. During the workshop PhD researchers presented their current research-projects that relate to recent or future European legal developments and challenges in the field of resolution law. There were not only presentations about resolution of banks and insurance companies, but also about the relationship between the resolution rules and the European state aid rules and the resolution of internationally operating financial institutions. Professor Matthias Haentjens (Leiden University) and Professor Bart Joosen (University of Amsterdam) led the discussions after the presentations and gave two keynote lectures. The workshop was a follow-up to the successful workshop with the same theme that was organized at the European University Institute in Florence in March 2017.

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