5. The Factors Influencing the EU Banking Regulatory Framework: Impediments for the New Regulations

The chapter identifies the determinants of regulations and their implications for the implementation of EU rules on the national levels. It describes the regulatory process and approaches the issue of regulatory capture in the EU banking sector. To determine the factors of regulation it builds on theories of regulatory choices—the private interest theory, the public interest theory and the regulatory dialectics theory—and conducts a series of empirical exercises. It also analyses the individual cases of the consultation processes concerning the new banking regulatory acts in the EU by considering stakeholders’ participation in the regulatory procedure. Subsequently it points to the opportunities and challenges relating to the movement of the regulatory process to supranational level.