Harmonisation and Legal Transplantation of EU Banking Supervisory Rules to Transitional Economies. A Legal Approach

Abstract

This paper is part of the PHARE-ACE research project (No 96-6009-R), entitled: Future of Banking Supervision and Regulation in selected transitional economies in relation to European Monetary Union. The working paper examines how different CEECs (Slovenia, Hungary, Czech Republic) are adapting their banking systems to the acquis communautaire, and the effects and possible limits of transplantation of the EU rules to economies in transition. The first part of the paper outlines the general principles of the relations between the EU and individual transitional countries, in order to find out to which extent the latter are bound to incorporate the acquis communautaire into their national legal systems. The second part examines the changing legal environment of banking in the selected CEECs and compares some of its features to the existing European and international supervisory standards. Part III analyzes the scope, effects and possible limits of transplantation of EU supervisory standards to the CEECs. In particular, attention will be paid to the specific function of EU harmonization in a perspective of market integration, and the question whether these rules should be adapted to the specificities of the market environment in which they will have to operate. The prospects and limits of legal transplantation are exemplified through a case study on deposit guarantee systems.