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The Europeanization of mortgage laws

The Europeanization of mortgage laws. A case study on the interrelationship between law and policy Rebecca Sanders, PhD candidate, School of Law. Background. EU Member State mortgage laws disparate Integration seen as means of competing globally

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The Europeanization of mortgage laws

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  1. The Europeanization of mortgage laws A case study on the interrelationship between law and policy Rebecca Sanders, PhD candidate, School of Law

  2. Background • EU Member State mortgage laws disparate • Integration seen as means of competing globally • Agenda-setting involves a wide range of actors: • Financial services industry representatives • Consumer group representatives • Member State representatives • Policy options across a range of governance mechanisms

  3. Methodology Research Question Methods Data New Institutionalism Policy Networks Doctrinal Law

  4. How can EU internal market law be seen as forming part of the existing regulatory structure of mortgage laws? How is the process of integration of mortgage laws being undertaken in the EU? Doctrinalanalysis NI analysis of the PN Primarylegislation, Secondarylegislation Policy documents, reports New Institutionalism Policy Networks Doctrinal Law

  5. Law as a starting point to policy development • Disparate domestic rules cause barriers to cross-border transactions • It can therefore be argued that there cannot be a complete internal market without internal frontiers under Article 26 TFEU • Mortgage transactions can be viewed as services under Article 57 TFEU (ex Art. 50 EC) • and movements of capital under Article 63 TFEU (ex Art. 56 EC).

  6. Law as a constraint/resource Legal Constraints • Need to comply with existing rules at supranational level • Any relevant international rules and standards Legal Resources • “Fundamental freedoms” • Option to enforce existing legislation • Competence to create new legislation

  7. Modes of Governance: Law as an end point? “Hard Law” Options • present new legislation • enforce existing EU legislation • encourage self-regulation • publish a Recommendation • issue guidelines • develop a 'scoreboard' • do nothing “Soft Law” Options

  8. Further reading • Sanders, Rebecca. Vol. 4, No 3 (2008) Research Notes: The Integration of European Mortgage Laws JCER | Journal of Contemporary European Research • Sanders, Rebecca. Vol. 1, (2010) The Integration of European Mortgage Law: A Case Study on the Use of Multi-Level Governance Approaches in the Europeanization of Policy BJE | Birmingham Journal for Europe

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