The Broadening ‘Soft Law’ Powers of the European Banking Authority - European Company Law View The Broadening ‘Soft Law’ Powers of the European Banking Authority by - European Company Law The Broadening ‘Soft Law’ Powers of the European Banking Authority 19 1

The European Banking Authority (EBA), one of the pillars of the European System of Financial Supervision, has a power to issue guidelines and recommendations, both representing soft-law instruments, in order to achieve effective and common regulatory and supervisory standards in the banking industry. In the recent decision (15 July 2021), the Court of Justice of the European Union clarified the power of the EBA to issue soft law instruments, a decision that has important repercussions on all European supervisory authorities.

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