European Bank Recovery and Resolution Directive: Recovery Proceedings for Cross-Border Banking Groups

Abstract:

The EU bank recovery and resolution directive includes mechanisms for recovery (or "early intervention") for groups. These are: group recovery plans, intra-group financial assistance and coordination of early intervention measures regarding groups.

But do these group provisions ensure a consistent recovery procedure for the entire banking group across borders? While recovery tools applicable to more than one group affiliate are part of the EU regulatory framework, use of such tools across borders depends on the discretion of supervisors of group affiliates. Recovery tools can only apply across group affiliates if supervisors reach joint decisions and make use of recovery tools in a consistent, cooperative and coordinated manner across the group. This means that the effectiveness of group recovery depends greatly on the institutional architecture of supervision in the EU, and in particular, the relationships between supervisors within and beyond the SSM.