Bank resolution and the European convention on human rights: a note from the UK

Moloney, Niamh ORCID: 0009-0000-6035-8053 (2024) Bank resolution and the European convention on human rights: a note from the UK. Journal of Banking Law and Banking, 36 (1). ISSN 0936-2800

Text (Bank resolution and the European convention on human rights A note from the UK) - Published Version Repository staff only until 15 February 2025. Download (78kB)

• Author

Abstract

This note considers human rights review of resolution decisions and processes – a context in which property rights can be limited or sus-pended given the operation of resolution decisions, including bail-in and sale decisions1) – in the context of the UK resolution regime and the relevance of the European Convention on Human Rights (the Convention) and the Charter of Fundamental Rights of the EU (the Charter) following the withdrawal of the UK from the EU. It outlines the UK framework, considers the current approach to rights review, and closes with the implications of the UK withdrawal from the EU on rights review, ex ante and ex post, against the Convention and Charter.

Item Type:	Article
Official URL:	https://www.zbb-online.com/heft-1-2024/zbb-2024-47...
Additional Information:	© 2024 De Gruyter
Divisions:	Law
Subjects:	H Social Sciences > HG Finance K Law H Social Sciences
Date Deposited:	19 Feb 2024 15:15
Last Modified:	01 Nov 2024 05:44
URI:	http://eprints.lse.ac.uk/id/eprint/122071

Actions (login required)

View Item