Digitalisation, Sustainability, and the Banking and Capital Markets Union

Lukas Böffel, Dr. iur., LL.M. (Berkeley), holds a PhD from the Free University of Berlin and graduated from the University of California, Berkeley School of Law in 2022 with a Master of Laws. During his time at Berkeley, he was a supervising editor of the Berkeley Business Law Journal. In addition, he is a member of the Associated Researchers Group and, between 2020 and 2021, was a member and the coordinator of the Young Researchers Group.Jonas Schürger, Dr. iur., holds a PhD from the University of Bonn for his work on the principles of equivalence and substituted compliance. Previously, he was a Research Assistant at the Universities of Vienna and Bonn. Furthermore, Jonas was a member of the Young Researchers Group of the European Banking Institute and coordinated the group until July 2022.

• Part I: Digital Finance.- Chapter 1: Too Tech to Fail?.- Chapter 2: The Algorithmic Future of EU Market Conduct Supervision: A Preliminary Check.- Chapter 3: ‘Appropriate Oversight’ of the Use of AI and ML by Financial Market Participants – an Analysis of the existing Requirements under MiFID II and AIFMD.- Chapter 4: Tokenized Crowdfunding: What regulatory forecast?.- Chapter 5: Regulatory Coordination and Diffusion in Digital Financial Services and Sustainable Finance Management of ICT Third Party Risk under DORA.- Chapter 6: Open Banking, access to account rule and (free) marketability of banking data.- Chapter 7: Management of ICT Third Party Risk under the Digital Operational Resilience Act.- Part II: Sustainable Finance.- Chapter 8: Sustainability: A Current Driver in EU Banking and Insurance Regulation and Supervision.- Chapter 9: Sustainability and Systemic Risk in EU Banking Regulation.- Chapter 10: Green Monetary Policy in the EMU and its Primary Law Limits.- Part III: Banking Union and Capital Markets Union.- Chapter 11: Duty of Care as a Judicial Review Tool for SSM Composite Procedures.- Chapter 12: Game of Thrones – The Clash Between Public Interest and Property Rights in Banking Resolution.- Chapter 13: Preemptive Financing Arrangements within Cross-Border Banking Groups: Between Flexibility and Legal Certainty.- Chapter 14: From branches to subsidiaries: post-Brexit enforcement of subsidiarisation in the European Union.