Soft law e nudge in una realtà transnazionale bancaria sempre più fluida

Soft law and nudge in an increasingly fluid cross-border banking reality

Abstract

In the globalized context of bank resolution procedures within cross-border banking groups, it will be highlighted the asymmetry in the face of strategies that would bring benefits perceptible only in the long term and from a global perspective, beyond individual nationalisms. The article will show that the phenomenon of soft law responds to the need for flexibility in a supranational context, with rules that demonstrate greater precision and adherence, and greater impact on the behavior of those involved. Finally, the use of the nudge technique will also be shown as decisive, in order to facilitate negotiations between different competent authorities.