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Financial Regulation and Civil Liability

When:Th 16-11-2017
Where:16 and 17 november 2017, Amsterdam

The Groningen Centre for European Financial Services Law (GCEFSL), University of Groningen and the Institute of Advances Legal Studies (IALS), University of London organize a series of events on Financial Regulation and Private Law in European and Comparative Perspective.

The first international conference in this series will be held on 16 and 17 November 2017 in Amsterdam. The topic of this conference is Financial Regulation and Civil Liability in European Law: Towards a More Coordinated Approach? The organisers are welcoming the submission of papers that address this theme from legal, regulatory, comparative, law and economics or political science perspectives.

This conference aims to explore the interplay between financial regulation and civil liability in the EU multi-level system of governance across different areas harmonised by the EU, both in a transactional setting (eg payments, investment services, mortgage and non-mortgage-backed consumer credit or insurance, prospectus, credit rating, trading on a regulated market) and the prudential domain (eg fit and proper test for top bankers, remuneration, bank resolution tools). The growing importance of public regulation and supervision in these areas as well as the involvement of different actors in providing consumer/client redress (such as civil courts, ADR/ODR bodies, financial supervisory authorities) give rise to many civil liability issues. What is the relationship between public regulation and civil liability within the framework of European integration? What role has been played by the EU and national legislators, courts, ADR bodies and administrative agencies in this context? In particular, do civil courts and ADR bodies give effect to regulatory standards when resolving disputes between financial institutions and their clients in individual and collective proceedings? If so, to what extent? What parties can be held liable for the violation of regulatory rules (financial institutions, their senior management, financial supervisory authorities)? What remedies are available to the aggrieved parties? What procedural obstacles for obtaining compensation arise in national legal orders? What role can be played by financial supervisory authorities in mass damage cases? Do such authorities coordinate their activities with civil courts and/or ADR/ODR bodies, and if so, how? And is there a need for a more coordinated approach to the interplay between financial regulation and civil liability at EU and/or national level across the entire spectrum of regulated services and activities to ensure optimal enforcement?

The organisers are seeking abstracts not exceeding 300 words that address these issues in one or more areas affected by EU financial regulation. Proposals including an abstract, full contact details and institutional affiliation should be sent to mr. Marnix Wallinga at by 1 September 2017. Authors will be notified of decision no later than 8 September 2017. If your abstract is selected, a full paper will be due on 10 November 2017. Covered expenses for this event include travel and hotel costs (with a maximum limit).