Safe Bank

The article is devoted to the third, still missing pillar of the Banking Union, which is the European Deposit Insurance Scheme. According to the assumptions of this system, it is to be implemented in the years 2017–2024 and is associated with a gradual transfer of funding and responsibility of guaranteeing deposits in the euro zone from the national to the European level. Just as the banking union, so the system of deposit guarantees is for eurozone countries, but Poland should also participate in the discussion and present solutions that are beneficial for countries outside the euro zone which could join the banking union voluntarily, on the basis of close cooperation (opt in).

The aim of the article is to discuss selected problems connected with the effectiveness of deposit guarantee schemes. The article presents non-standard policy instruments introduced by selected systems in response to the global financial crisis. Considerable attention was devoted to the analysis of DGS effectiveness measures and the funding issues through the perspective of a risk-based funding model.

The new generation of AT1 instruments commonly referred to as contingent convertibles, or CoCos, embed a unique feature of contingent conversion into common equity or mandatory write-down of principal value. This unique feature provides to the CoCo bonds the loss-absorption capacity on a going-concern basis, a regulatory goal that seems not to have been effectively implemented under the pre-crisis legal framework of tier-based capital structures. The use of CoCos for bank recovery and resolution purposes is a vital element of Bank Recovery and Resolution Directive (BRRD) legal framework and is discussed in detail in this article. The main problem stated in the article is that Poland has so far not introduced into its legal regime an instrument enabling issuing AT1 bonds. This may seriously hamper the process of full and consistent implementation of BRRD into Polish law.

At the turn of the year 2015/16 the European Commission carried out consultations on EU regulations regarding covered bonds. The Commission pointed out differences among legal frameworks in Member States which might lead to negative market fragmentation, and in consequence introduced propositions on market integration. Polish covered bonds may materially benefit from the EC
propositions, whose aims include convergence of core and peripheral markets and simplification of the investment in covered bonds among Member States and from third party countries, which should lead to spread convergence. The propositions will result in increased demand and further decrease in the cost of funding for Polish issuers, and as a consequence will facilitate a more dynamic growth of the Polish covered bond market.
The EC consultation paper propositions were appraised by representatives ofdifferent groups of stakeholders of the Polish covered bond market, including in particular: issuers, investors, regulators and independent experts. This article presents the common position of Polish experts as regards to the EC proposed regulations on a new integrated EU covered bond market.

A high efficiency of economic activity of market participants and maximization of the economic development of a country cannot be achieved in a situation of unproper functioning of market mechanisms. In the present article, the author refers to poorly operating market mechanisms in the polish financial sector, which inhibit the development of the real economy or resist the attainment of
an appropriate scale of operations. These areas include: a deficit of long-term real estate financing, small market bonds and mortgage bonds, a low share of household investment in capital market instruments an underdeveloped and less competitive capital market, limited and little diversified business access to capital. This paper describes the nature of the above-mentioned areas in which market mechanisms cannot function well. Moreover, it outlines the modalities and directions of improvement of market processes, as well as the role of the economic development plan of the Polish government in improving the functioning of the
market. 

The aim of the present paper is to justify the necessity of singling out and identyfing relevant aspects of financial market law theory, which is useful in analyzing and understanding its challenging, extensive and constantly changing substance. This is an important contribution to the discussion about the changes in financial market law, caused in particular by the financial crisis and to underline
the development of financial market law, also in its theoretical aspects, which is helpful in understanding modification of the financial market and in future might also help to avoid the inflation of law on the EU financial market. The questions discussed in this paper help to develop and strengthen the theory of financial market law in its supervisory aspects, especially to distinguish the
general part of financial market law reconstructed from ESA regulations and order those provisions that have an adaptational impact on the financial market.

The present article discusses the issue of credit card operation on the market, taking into account transactions performed with the usage of “plastic money”. The crucial aspect here is the crime of “skimming” and its influence on the technical, organisational and legal changes made in the institution of the credit card. The term EMV is strictly connected with this issue as a global standard of payment service with the use of microprocessor cards. It significantly contributed to the changes in the crime map in the field discussed, in particular, to the migration of card frauds from one geographical area to another

The subject of this paper is to present the issue of the protection of the weakest participants in e-banking – consumers. In this area, there is often a conflict of interest between participants, i.e. users, publishers, merchants and electronic instruments. The work is the result of an analysis of a survey conducted in 2013. The work aims to show, on the basis of a survey, the level of protection and
consumer awareness of electronic banking. The work also reviews the hypothesis that the type of social group has an impact on the security of e-banking.