Bank rescues and legal challenges: the case of bail-in

Abstract:

The absence of frameworks to cope with “Too big to fail” (TBTF) credit institutions has led several states to huge financial rescues, leaving it to taxpayers to bear the cost. Policy-makers have pooled efforts towards the set-up of a framework enabling them to overcome TBTF via the orderly resolution of credit institutions. Bail-in is the resolution tool that, at the EU level, epitomizes the policy response to the problem of social costs. The article focuses on legal complexities of this powerful tool’ s application, with particular reference to the right of property and to the creditor’s right.