Normativa de regulación bancaria en Europa

Abstract

RESUMEN: En este trabajo se desarrolla como ha ido evolucionando el proceso de regulación bancaria tanto a nivel internacional desde las primeras regulaciones en EE.UU, como especialmente dentro de la Unión Europea. Se trataran también sus organismos reguladores y cual es la normativa que desde los organismos de la Unión Europa emana hacia los diferentes Estados Miembros.

ABSTRACT: Nowadays, bank regulatory rules are getting a critical importance, due to the great value of this sector for the economy of countries. Group of financial institutions mediate between economic units with a deficit by giving loans and surplus economic units that perform their deposits. This is the main function, Banks are providing more and more services though. Performances of these financial institutions include taking a number of risks which in some cases can take the entity to bankruptcy, this could lead to dire consequences for savers who have made their deposits in them. Therefore it is necessary to regulate their activity, setting limits and building the standards to be followed by all financial institutions. The national law changes the rules of the game just for institutions operating in that particular country, which can trigger that economies with tighter banking regulations have financial institutions internationally less competitive. The process of globalization makes all economies to be more and more intertwined, so that a common regulation for all countries with developed financial sectors seems to be the most obvious solution. The Basel committee has been developing recommendations since 1988 with intended to regulate the banking sector, limiting the activity engaged and introducing mechanisms which provide security to their depositors. These recommendations are translated into European directives which are then incorporated into the laws of its different states. There are different agencies which also regulate this sector, in a European level the European Banking Authority and the European Commission through the General Directorate for Competition that within its scope try to make a single and fairer market of European states. This paper develops and has evolved the process of international banking regulation since the first regulations in the U.S., as well as mainly within the European Union. They also treat their regulatory organizations and what the rules applying in different Member States.