Unijne ramy zarządzania kryzysowego w sektorze bankowym – główne problemy do rozwiązania

Abstract

The Bank Recovery and Resolution Directive (BRRD) introduced into EU legislation a new procedure, i.e. resolution, maintaining at the same time standard insolvency proceedings as a default option for dealing with failing banks. The experience so far indicates that such a shape of EU crisis management framework is not optimal. The article presents six main issues that need to be addressed in order to ensure greater consistency, effectiveness, and credibility of EU crisis management framework. The topics reviewed in the article concern public interest assessment, unalignment between triggers for resolution and triggers for initiating insolvency proceedings, availability of state aid as well as lack of clear regulations for liquidity in resolution. Other topics discussed in the article include resolution of small and medium-sized banks with greater support of deposit guarantee schemes. The paper presents the reasons why the indicated areas need to be addressed as well as tries to provide a direction of desired regulatory changes.