國立虎尾科技大學 |

The principle of proportionality, Solvency II and captives

Record Type:	Language materials, printed : Monograph/item
Title/Author:	The principle of proportionality, Solvency II and captives/ by Marta Ostrowska.
Author:	Ostrowska, Marta.
Published:	Cham :Springer Nature Switzerland : : 2025.,
Description:	xv, 242 p. :ill., digital ; : 24 cm.;
Contained By:	Springer Nature eBook
Subject:	Proportionality in law - European Union countries. -
Online resource:	https://doi.org/10.1007/978-3-031-82267-4
ISBN:	9783031822674

The principle of proportionality, Solvency II and captives
Ostrowska, Marta.

The principle of proportionality, Solvency II and captives[electronic resource] /by Marta Ostrowska. - Cham :Springer Nature Switzerland :2025. - xv, 242 p. :ill., digital ;24 cm. - AIDA Europe research series on insurance law and regulation,v. 132662-1789 ;. - AIDA Europe research series on insurance law and regulation ;v. 11..

Chapter 1: Introduction -- Part I: The Principle of Proportionality -- Chapter 2: On Proportionality, Legal Principles and Proportionality as a Legal Principle -- Chapter 3: On the Principle of Proportionality within the European Insurance Regulation -- Part II: The Captives -- Chapter 4: On the Concept of Insurance and Reinsurance Captives and their Regulation. The Need for Proportionality -- Chapter 5: On the Proportionality within the European Re-Insurance Captive Regulation: Analysis of Effectiveness of Proportionality for the Re-Insurance Captive -- Chapter 6: Conclusions.

This book offers an in-depth analysis of the principle of proportionality in the EU insurance regulatory regime. It takes a critical look at how proportionality has been implemented in Solvency II and tests its effectiveness on captive (re)insurance undertakings. Given their unique business model, captives are considered the primary beneficiary of proportionality and therefore offer the perfect 'litmus test' for the principle's effectiveness. In a world characterized by overregulation and increasingly complex financial markets, governments and policymakers face the challenge of regulating markets without hindering their growth. As 'one-size-fits-all' approaches have long-since been recognized as detrimental, the EU is seeking to develop a regulatory technique which allows more individual regulatory treatment while ensuring a level playing field. The first revolutionary step towards this goal was taken in Solvency II (Directive 2009/138/EC), which introduced a principle of proportionality to the EU insurance market. The principle is a unique tool which makes it possible to adjust the requirements of the Solvency II framework to the nature, scale, and complexity of each individual insurance undertaking's risk profile. It is intended to help remove an unnecessary regulatory burden for insurance undertakings, and to prevent the proliferation of regulations in general. However, the practical implementation of proportionality is not without its share of obstacles. The principle's generic nature and the lack of guidance have caused a great deal of confusion regarding its practical application and prevented insurance undertakings from using its benefits to the fullest. Consequently, the principle of proportionality has been subject to revision within the first Solvency II review process. The book will benefit captive owners, captive managers, regulators, supervisors, practitioners, academics, students and, more generally, all those involved with or interested in the insurance market.

ISBN: 9783031822674

Standard No.: 10.1007/978-3-031-82267-4doiSubjects--Topical Terms:

1502821
Proportionality in law
--European Union countries.

LC Class. No.: KJE960

Dewey Class. No.: 347.24012

The principle of proportionality, Solvency II and captives
LDR:03658nam a2200337 a 4500 001 1172053
003 DE-He213
005 20250806180113.0
006 m d
007 cr nn 008maaau
008 260512s2025 sz s 0 eng d
020 $a 9783031822674 $q (electronic bk.)
020 $a 9783031822667 $q (paper)
024 7 $a 10.1007/978-3-031-82267-4 $2 doi
035 $a 978-3-031-82267-4
040 $a GP $c GP
041 0 $a eng
050 4 $a KJE960
072 7 $a LB $2 bicssc
072 7 $a LAW051000 $2 bisacsh
072 7 $a LB $2 thema
082 0 4 $a 347.24012 $2 23
090 $a KJE960 $b .O85 2025
100 1 $a Ostrowska, Marta. $3 1502820
245 1 4 $a The principle of proportionality, Solvency II and captives $h [electronic resource] / $c by Marta Ostrowska.
260 $a Cham : $c 2025. $b Springer Nature Switzerland : $b Imprint: Springer,
300 $a xv, 242 p. : $b ill., digital ; $c 24 cm.
490 1 $a AIDA Europe research series on insurance law and regulation, $x 2662-1789 ; $v v. 13
505 0 $a Chapter 1: Introduction -- Part I: The Principle of Proportionality -- Chapter 2: On Proportionality, Legal Principles and Proportionality as a Legal Principle -- Chapter 3: On the Principle of Proportionality within the European Insurance Regulation -- Part II: The Captives -- Chapter 4: On the Concept of Insurance and Reinsurance Captives and their Regulation. The Need for Proportionality -- Chapter 5: On the Proportionality within the European Re-Insurance Captive Regulation: Analysis of Effectiveness of Proportionality for the Re-Insurance Captive -- Chapter 6: Conclusions.
520 $a This book offers an in-depth analysis of the principle of proportionality in the EU insurance regulatory regime. It takes a critical look at how proportionality has been implemented in Solvency II and tests its effectiveness on captive (re)insurance undertakings. Given their unique business model, captives are considered the primary beneficiary of proportionality and therefore offer the perfect 'litmus test' for the principle's effectiveness. In a world characterized by overregulation and increasingly complex financial markets, governments and policymakers face the challenge of regulating markets without hindering their growth. As 'one-size-fits-all' approaches have long-since been recognized as detrimental, the EU is seeking to develop a regulatory technique which allows more individual regulatory treatment while ensuring a level playing field. The first revolutionary step towards this goal was taken in Solvency II (Directive 2009/138/EC), which introduced a principle of proportionality to the EU insurance market. The principle is a unique tool which makes it possible to adjust the requirements of the Solvency II framework to the nature, scale, and complexity of each individual insurance undertaking's risk profile. It is intended to help remove an unnecessary regulatory burden for insurance undertakings, and to prevent the proliferation of regulations in general. However, the practical implementation of proportionality is not without its share of obstacles. The principle's generic nature and the lack of guidance have caused a great deal of confusion regarding its practical application and prevented insurance undertakings from using its benefits to the fullest. Consequently, the principle of proportionality has been subject to revision within the first Solvency II review process. The book will benefit captive owners, captive managers, regulators, supervisors, practitioners, academics, students and, more generally, all those involved with or interested in the insurance market.
650 0 $a Proportionality in law $z European Union countries. $3 1502821
650 1 4 $a European Law. $3 883672
650 2 4 $a European Economic Law. $3 1228415
650 2 4 $a Private International Law, International and Foreign Law, Comparative Law. $3 1365811
650 2 4 $a Financial Law. $3 1388090
710 2 $a SpringerLink (Online service) $3 593884
773 0 $t Springer Nature eBook
830 0 $a AIDA Europe research series on insurance law and regulation ; $v v. 11. $3 1481463
856 4 0 $u https://doi.org/10.1007/978-3-031-82267-4
950 $a Law and Criminology (SpringerNature-41177)