The liability of national central banks acting as resolution authorities, financial independence, and the prohibition of monetary financing: Banka Slovenije
In: Common market law review, Band 60, Heft 6, S. 1721-1744
ISSN: 1875-8320
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In: Common market law review, Band 60, Heft 6, S. 1721-1744
ISSN: 1875-8320
This is an Open Access article distributed under the terms of the Creative Commons Attribution License Creative Commons Attribution 4.0 International, which permits unrestricted use, distribution and reproduction in any medium provided that the original work is properly attributed. ; After explaining the role of Collective Action Clauses (CAC), this paper explores how these have been developed in the 'statutory' CAC operation in Greece in 2012 and the Euro-area CAC provisions found in the ESM Treaty which apply to all Euro-area bonds issued from 2013. The paper explains the legal risks that arise and the capacity of CAC to assist in debt restructuring. Noting certain remaining weaknesses in the existing Euro CAC, the paper closes by offering some modifications as well as more long term solutions to debt restructuring. ; The ADEMU Working Paper Series is being supported by the European Commission Horizon 2020 European Union funding for Research & Innovation, grant agreement No 649396.
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After explaining the role of Collective Action Clauses (CAC), this paper explores how these have been developed in the 'statutory' CAC operation in Greece in 2012 and the Euro-area CAC provisions found in the ESM Treaty which apply to all Euro-area bonds issued from 2013. The paper explains the legal risks that arise and the capacity of CAC to assist in debt restructuring. Noting certain remaining weaknesses in the existing Euro CAC, the paper closes by offering some modifications as well as more long term solutions to debt restructuring. ; The ADEMU Working Paper Series is being supported by the European Commission Horizon 2020 European Union funding for Research & Innovation, grant agreement No 649396.
BASE