Article (Scientific journals)
EU Financial Market Governance and the Covid-19 Crisis: ESMA’s Nimble, Responsive, and Speedy Response in Coordinating National Authorities through Soft-Law Instruments
CONAC, Pierre-Henri; Moloney, Niamh
2020In European Company and Financial Law Review, p. 363-385
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Abstract :
[en] The initial evidence indicates that EU financial market governance has performed well in its response to the Covid-19 crisis. In the European Union (EU), the need for coordination and cooperation over this crisis has been a particular concern given that national competent autho- rities (NCAs) operate under the single rulebook and supervisory action must, accordingly, be consistent. The European Securities and Markets Authority (ESMA) has, however, shown itself to be nimble, responsive, and speedy in deploying its supervisory powers, including those additional powers it has recently been granted under the 2019 ESA Reform Regulation. This has particularly been the case as regards the application by NCAs of ‘supervisory forbearance’ and as regards the application of market disclosures rules, notably the financial reporting standard IFRS 9. ESMA has also been successful in coordinating the few NCAs which decided to impose restrictions on short selling. ESMA’s actions during the Covid-19 crisis underline the de facto power it wields through its soft supervisory convergence powers and the entrepreneurial but effective approach it deploys in their use.
Disciplines :
Economic & commercial law
Author, co-author :
CONAC, Pierre-Henri  ;  University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL)
Moloney, Niamh
External co-authors :
yes
Language :
English
Title :
EU Financial Market Governance and the Covid-19 Crisis: ESMA’s Nimble, Responsive, and Speedy Response in Coordinating National Authorities through Soft-Law Instruments
Publication date :
2020
Journal title :
European Company and Financial Law Review
ISSN :
1613-2548
eISSN :
1613-2556
Publisher :
Walter de Gruyter
Pages :
363-385
Peer reviewed :
Peer Reviewed verified by ORBi
Available on ORBilu :
since 10 November 2021

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