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Financial Regulation and Private Law Remedies: An EU Law Perspective

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

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Financial Regulation and Private Law Remedies: An EU Law Perspective. / Tridimas, Takis.

Financial Regulation and Civil Liability in European Law. ed. / Olha Cherednychenko; Mads Andenas. Edward Elgar Publishing Ltd, 2020. p. 47-72.

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Harvard

Tridimas, T 2020, Financial Regulation and Private Law Remedies: An EU Law Perspective. in O Cherednychenko & M Andenas (eds), Financial Regulation and Civil Liability in European Law. Edward Elgar Publishing Ltd, pp. 47-72. https://doi.org/10.4337/9781789908114.00008

APA

Tridimas, T. (2020). Financial Regulation and Private Law Remedies: An EU Law Perspective. In O. Cherednychenko, & M. Andenas (Eds.), Financial Regulation and Civil Liability in European Law (pp. 47-72). Edward Elgar Publishing Ltd. https://doi.org/10.4337/9781789908114.00008

Vancouver

Tridimas T. Financial Regulation and Private Law Remedies: An EU Law Perspective. In Cherednychenko O, Andenas M, editors, Financial Regulation and Civil Liability in European Law. Edward Elgar Publishing Ltd. 2020. p. 47-72 https://doi.org/10.4337/9781789908114.00008

Author

Tridimas, Takis. / Financial Regulation and Private Law Remedies: An EU Law Perspective. Financial Regulation and Civil Liability in European Law. editor / Olha Cherednychenko ; Mads Andenas. Edward Elgar Publishing Ltd, 2020. pp. 47-72

Bibtex Download

@inbook{817fb15f555a4110b01fb47e37650058,
title = "Financial Regulation and Private Law Remedies: An EU Law Perspective",
abstract = "Economic regulation at EU level has had a firm bias in favour of a public agency enforcement system. This contribution explores the role of EU law in enhancing private law remedies, such as civil liability, with a particular focus on financial law. It discusses the rights – remedies distinction in EU law, the model of hybridity that characterizes the EU system of rights protection, and attempts a taxonomy of EU measures depending on the extent to which they provide for private law remedies. It then looks at implied rights of action in EU law. It argues that whilst public agency enforcement is a sine qua non for effective compliance, the value of private remedies should be further utilized. The absence of strong private remedies is not the result of a coherent, systematic analysis of the relative merits of public and private enforcement models but dictated by the regulatory bias of the integration paradigm and a reluctance to intervene directly into the national law of obligations. ",
author = "Takis Tridimas",
year = "2020",
month = nov,
day = "10",
doi = "https://doi.org/10.4337/9781789908114.00008",
language = "English",
isbn = "9781789908107",
pages = "47--72",
editor = "Olha Cherednychenko and Mads Andenas",
booktitle = "Financial Regulation and Civil Liability in European Law",
publisher = "Edward Elgar Publishing Ltd",

}

RIS (suitable for import to EndNote) Download

TY - CHAP

T1 - Financial Regulation and Private Law Remedies: An EU Law Perspective

AU - Tridimas, Takis

PY - 2020/11/10

Y1 - 2020/11/10

N2 - Economic regulation at EU level has had a firm bias in favour of a public agency enforcement system. This contribution explores the role of EU law in enhancing private law remedies, such as civil liability, with a particular focus on financial law. It discusses the rights – remedies distinction in EU law, the model of hybridity that characterizes the EU system of rights protection, and attempts a taxonomy of EU measures depending on the extent to which they provide for private law remedies. It then looks at implied rights of action in EU law. It argues that whilst public agency enforcement is a sine qua non for effective compliance, the value of private remedies should be further utilized. The absence of strong private remedies is not the result of a coherent, systematic analysis of the relative merits of public and private enforcement models but dictated by the regulatory bias of the integration paradigm and a reluctance to intervene directly into the national law of obligations.

AB - Economic regulation at EU level has had a firm bias in favour of a public agency enforcement system. This contribution explores the role of EU law in enhancing private law remedies, such as civil liability, with a particular focus on financial law. It discusses the rights – remedies distinction in EU law, the model of hybridity that characterizes the EU system of rights protection, and attempts a taxonomy of EU measures depending on the extent to which they provide for private law remedies. It then looks at implied rights of action in EU law. It argues that whilst public agency enforcement is a sine qua non for effective compliance, the value of private remedies should be further utilized. The absence of strong private remedies is not the result of a coherent, systematic analysis of the relative merits of public and private enforcement models but dictated by the regulatory bias of the integration paradigm and a reluctance to intervene directly into the national law of obligations.

U2 - https://doi.org/10.4337/9781789908114.00008

DO - https://doi.org/10.4337/9781789908114.00008

M3 - Chapter

SN - 9781789908107

SP - 47

EP - 72

BT - Financial Regulation and Civil Liability in European Law

A2 - Cherednychenko, Olha

A2 - Andenas, Mads

PB - Edward Elgar Publishing Ltd

ER -

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