Bail-in Provisions in State Aid and Resolution Procedures: Are they consistent with systemic stability? CEPS Policy Brief No. 318, 21 May 2014

This CEPS Policy Brief examines the provisions for bail-in in the European Union – that is, the principle whereby any public measure to recapitalise a bank with insufficient prudential capital must be preceded by a write-down or conversion into equity of creditors’ claims – in state aid policies and in the new resolution framework for failing banks, with two aims: i) to assess whether and how they are coordinated and ii) more importantly, whether they address satisfactorily the question of systemic stability that may arise when investors fear that creditors’ claims are likely to be bailed-in in a bank crisis. The issue is especially relevant in the present context, as the comprehensive assessment exercise underway for EU banks falling under the direct supervision of the European Central Bank may lead supervisors to require substantial capital injections simultaneously for many of the banks involved, possibly shaking investors’ confidence across EU banking markets. The authors conclude that the two sets of rules are, broadly speaking, mutually consistent and that they already contain sufficient safeguards to address systemic stability concerns. However, the balance of the elements underpinning the European Commission’s decisions in individual cases may not be clear to bank creditors and potential investors in financial markets. The impression of unneeded rigidity on this very sensitive issue has been heightened by official statements over-emphasising that each case will be assessed individually under competition rules, thus feeding the concern that the systemic dimension of the issue may have been underestimated. Therefore, further clarification by the Commission may be needed on how the various criteria will be applied during the ongoing transition to banking union – perhaps through a new communication completing the state aid framework for banks in view of the adoption of the new resolution rules.

Malta Transformed by Multi-level Governance: More Than Just an Outcome of Europeanisation. Occasional Paper 03/2014

Malta has been transformed in many ways with and by EU Membership. This paper goes beyond the more obvious impacts of ‘Europeanisation’ and instead reviews the implications of an explosion of multi-level governance on doing politics in Malta. While for most of its recent political history, there has been a clawing back of power by the central government – as when the Gozo Civic Council (1960-1973), an early foray into regional government, was “unceremoniously dissolved” in 1973 – this trend was reversed with the setting up of local councils as from 1994, an advisory Malta Council for Economic and Social Development (MCESD) in 2001, and then EU membership in 2004. These events have created a profligacy of decision-making tiers and multiplied the tensions that exist between different levels of governance in this small archipelago state. Malta has never experienced such pluralism before. In fact, since 1966, only two political parties have been represented in the national legislature and, therefore, there has been no division of powers between the executive and the national parliament. This paper reviews the implications of these developments on two hot political issues in 2014: the International Investor Programme (IIP) proposed by the Labour Government in its 2014 Budget; and the location of a Liquid Natural Gas (LNG)-storage vessel inside Marsaxlokk harbour.

State Aid and Public Service Broadcasting How Future-proof is the Remit of Public Broadcasting Organisations? IES WORKING PAPER 1/2009

The European Commission’s interference through state aid rules with the Member States’ support for public service broadcasting is not undisputed. Member States, public broadcasters and numerous academics fear that State aid control might limit the public service remit and, hence, the multi-platform and holistic role of public broadcasters in the converging media industries. This paper assesses to what extent the fear for Commission intervention is, indeed, justified. It starts with the assumption that the transformation from public service broadcasting to public service media is vital for the European democratic society. The paper leads to the observation that, in fact, European State aid policy might contribute to such a necessary and urgent transformation, instead of threatening it. The paper consists of three main parts. Firstly, the legal constraints and margins of the Community’s State aid framework are discussed. Secondly, the application of the rules to a selection of public broadcasting cases is analyzed. Finally, some conclusions are drawn from the analysis.