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25 Eur. Bus. Org. L. Rev. 1 (2024)

handle is hein.journals/eunbuioiz25 and id is 1 raw text is: 


European Business Organization Law Review (2024) 25:1-2
https://doi.org/1 0.1007/s40804-023-00303-4

INTRODUCTION



Beyond Equivalence: Third Country Regimes in European
Financial   Regulation-Introduction


Jens-Hinrich  Binder'  Danny   Busch2,3,4,5,6,7


Published online: 13 November 2023
© The Author(s) 2023



In European   financial law, the regulatory and supervisory  treatment of interme-
diaries from  non-EU   third countries has  been  debated  over decades.  Different
approaches  have been established for different sectors of financial markets for some
time. Market  access based on the notion of equivalence between  the European  and
home  country's regulatory and supervisory  arrangements has been  granted in some
areas, but only to a limited extent, and clearly is not a universal basis for the treat-
ment  of third country institutions. In recent years, particularly following the exit of
the United Kingdom   from  the European Union,  the treatment of third country insti-
tutions within the EU  has become  a multi-polar political issue-market  access for
non-EU   intermediaries has become  a quid pro quo, granted in return for the access
of European  institutions in the respective foreign market, but also within the EU,
where  Member   States have been reluctant to agree on a greater role for the European
Commission   as key decision-maker responsible for comprehensive  market access.
   The present special issue presents a comprehensive  analysis of the third country
regimes  currently established in the European financial markets, as well as of the
perspectives of major third country jurisdictions. The articles are based on papers


E   Jens-Hinrich Binder
    binder@jura.uni-tuebingen.de
E   Danny Busch
    danny.busch@ru.nl

    Professor of Law, Chair in Private Law, Company Law, Banking and Securities Law,
    and Director, Tubingen Research Institute on the Determinants of Economic Activity
    (TRIDEA), Eberhard-Karls-University, Tubingen, Germany
2   Professor of Financial Law and founding Director of the Financial Law Centre (FLC), Radboud
    University Nijmegen, Nijmegen, The Netherlands
3   Senior Research Fellow, Harris Manchester College, Oxford, UK
4   Fellow, Commercial Law Centre, University of Oxford, Oxford, UK
5   Member of the Dutch Appeals Committee of the Financial Services Complaints Tribunal
    (KiFiD), The Hague, The Netherlands
6   Deputy Judge, Amsterdam Court of Appeal, Amsterdam, The Netherlands
7   Visiting Professor, Universit6 C6te d'Azur, Nice, France
presented at a workshop on equivalence  and EU  third country regimes, co-organised

                                                            Springer    . ASSER PRESS