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Section A:

The European Banking Union:

a comprehensive overview

of its legal framework

1

1. The political agenda

1.1 The decisions of June 2012 and the European

Commission’s initiatives

(a)

The creation of a ‘European Banking Union’ (hereinafter the ‘EBU’) is a

very ambitious political initiative, which was tabled at the Euro Area Summit of

29 June 2012, amidst the current Àscal crisis in the euro area, which became

manifest in 2010.

2

The main rationale behind this initiative is summarised in the

following sentence of the Summit’s Statement:

“We afÀrm that it is imperative to break the vicious circle between banks and

sovereigns.”

3

The European Summit which was held concurrently on 28-29 June decided

to invite the President of the European Council to develop, in close collabo-

ration with the President of the European Commission (hereinafter the ‘Com-

mission’), the President of the Eurogroup and the President of the European

Central Bank (hereinafter the ‘ECB’), a speciÀc and time-bound roadmap for

the achievement of a genuine Economic and Monetary Union

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(hereinafter the

1. This section is an extended and elaborated version of work previously published as Sec-

tion A in Gortsos (2014a) [see also

Gortsos (2014b)

]. It is also updated to reÁect the sig-

niÀcant developments in direct public Ànancial assistance provided by the European Sta-

bility Mechanism.

2. For an evaluation of this crisis and the related policy responses, see indicatively

Belke

(2010), Eichengreen, Feldmann, Liebman, von Hagen and Wyplosz (2011)

, pp. 47-64,

Athanassiou (2011c), Aizenman (2012), Caminal (2012), Avgouleas and Arner (2013),

de Grauwe (2013), Stephanou (2013), Hadjiemmanuil (2015),

pp. 6-10,

d’ Arvisenet

(2015)

, and

Zimmermann (2015)

.

3.

Euro Area Summit Statement, 29 June 2012

, Àrst paragraph, Àrst sentence, available

at:

http://consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/131359.pdf.

On

the ‘vicious circles’ (also called ‘vicious cycles’, ‘diabolic loops’ or ‘doom loops’) between

the banking sector and sovereign bond markets, from a historical perspective, see

Mitch-

ener (2014)

, with extensive further references.

4.

European Council Conclusions, 28/29 June 2012

, EUCO 76/12, paragraph 4(b), available

at:

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/131388.pdf.