The inability of Member States to seize control of a failing institution and resolve it in a way that effectively prevents broader systemic damage can undermine Member States’ mutual trust and the credibility of the internal market in the field of financial services. The failure of a cross-border institution is likely to affect the stability of financial markets in the different Member States in which it operates. Union financial markets are highly integrated and interconnected with many institutions operating extensively beyond national borders.
Such measures involve liquidity support from central banks and guarantees from Member States for securities issued by solvent credit institutions. To avoid failure, with consequences for the overall economy, such a crisis necessitates measures aiming to secure access to funding under equivalent conditions for all credit institutions that are otherwise solvent. The financial crisis was of systemic dimension in the sense that it affected the access to funding of a large proportion of credit institutions.
The objective of a credible recovery and resolution framework is to obviate the need for such action to the greatest extent possible. During the crisis, those challenges were a major factor that forced Member States to save institutions using taxpayers’ money. Such tools are needed, in particular, to prevent insolvency or, when insolvency occurs, to minimise negative repercussions by preserving the systemically important functions of the institution concerned. The financial crisis has shown that there is a significant lack of adequate tools at Union level to deal effectively with unsound or failing credit institutions and investment firms (‘institutions’). Having regard to the opinion of the European Economic and Social Committee ( 2),Īcting in accordance with the ordinary legislative procedure ( 3), Having regard to the opinion of the European Central Bank ( 1), Having regard to the proposal from the European Commission,Īfter transmission of the draft legislative act to the national parliaments, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, DIRECTIVE 2014/59/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILĮstablishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council
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