CURRENT BASIC LINES OF THE DISCIPLINE OF BANK CRISES AND UNRESOLVED PROBLEMS: AN INITIAL COMPARISON BETWEEN THE SOLUTIONS ACCEPTED IN THE EUROPEAN UNION (WITH SPECIAL EMPHASIS ON ITALY) AND IN JAPAN, BETWEEN THE ROLE OF BANKING AUTHORITIES AND THE POWERS OF JUDICIAL AUTHORITY

In The European Union, the current guidelines for bank crises summarized in the EU directive No. 2014/59/UE seems to have been built around three basic lines. The consequences of the crisis shall be primarily borne by the failed bank’s shareholders and by its creditors, and only secondly by the community; it is appropriate to widen the tools available to the authorities in the field to govern a bank crisis; from this point of view, in particular, it is necessary to reinforce the early intervention protections and the recovery measures, in order to prevent the worsening of the bank’s financial difficulty. This article intends to carry out an initial comparison between these guidelines that have established on the European continent and the most significant fundamental principles to govern the bank crisis in force in Japan, focusing on the powers granted to the supervisory authorities in the European Union and to the judicial powers in the Asiatic country