At the crossroads of public and private law. Financial regulation and supervision in the US, the EU and The Netherlands. A comparative approach
PhD student: Mrs M.W. Wessel
Promotor: Mrs Prof A.J.C. de Moor-van Vugt
Duration: 1/5/2009 - 30/4/2013
The central problems could be formulated as follows: Given the socially and economically disrupting consequences of malfunctioning financial markets, it is a matter of public interest to design a crisis-resistant regulatory and supervisory framework within which they can operate. If we want to prevent systemic failure in the future, protect consumer interests and - by doing so - re-install trust in the financial sector as a whole, what are the focal points of attention in rebuilding this framework? Within this (inter/supra)national framework, public authorities and private parties share responsibility on a daily basis in regulating and supervising trade in financial products and services. These cooperative schemes, mostly concretizations of open norms in the relevant legislation, seem to be in need of review. To limit our research to the banking and securities sectors in the Netherlands, what can be said about the interaction of EU and national law in establishing these schemes?What mix of instruments from private and administrative law could make these schemes effective in serving the goals mentioned above? What could be learnt from the US in this respect?