Critical Analysis of Selected Provisions of the EU Legislative Package in Respect of the Capital Requirements For The Banking Sector

Abstract

The main aim of this article is to provide a critical analysis of selected provisions of the Directive and Regulation in respect of the capital requirements for banking and finance sector in the European Union. It focuses on the analysis of the following aspects: (i) proposed regimes, mechanisms and legal structures creating the European framework on the capital requirements; (ii) implications of the new legislation for the banking sector and for the national regulatory authorities; (iii) certain similarities between the Third Basel Accord prepared by the Basel Committee on the Banking Supervision and the proposed EU capital requirements package; and (iv) implications of the legislation for the Polish banking and finance sector. As the global financial crisis reshaped the approach to the banking institutions throughout the world, the authorities started to be more concerned about the safety and creation of certain mechanisms preventing the sudden issues of the banks and financial institutions, which were in consequence resolved by the taxpayers. The cooperation between EU authorities and the Basel Committee on Banking Supervision resulted in the creation of the new framework on the capital requirements for the European Banking sector. To a certain extent, the EU proposal is a part of global, legal framework setting out harmonized rules ensuring the general stabilization in the banking and finance sector. It also constitutes a continuation of the EU policy on ensuring the safety of the European banking and finance sector.