Professor Niamh Moloney

Professor Niamh Moloney

Professor of Law

Department of Law

Telephone
020-7955-7689
Room No
New Academic Building 6.18a

About me

Professor Niamh Moloney is a graduate of Trinity College Dublin and Harvard Law School. She specializes in EU financial market regulation and wrote the first monograph on this topic, now in its third edition (EU Securities and Financial Markets Regulation, Oxford University Press, 2014). Her other books include Brexit and Financial Services. Law and Policy (Hart Publishing, 2018, with Kern Alexander, Catherine Barnard, Eilís Ferran and Andrew Lang); The Regulatory Aftermath of the Global Financial Crisis (Cambridge University Press, 2012, with John C. Coffee, Eilís Ferran, and Jennifer Hill); and How to Protect Investors. Lessons from the EU and the UK (Cambridge University Press, 2010). Niamh is an editorial board member of a number of journals, including the European Law Review; a co-editor of the Oxford Handbook of Financial Regulation (Oxford University Press, 2015); and a Series Editor of the Cambridge University Press Series on International Corporate Law and Financial Market Regulation. Niamh is also a member of the editorial board of the European Corporate Governance Institute, Law Working Paper Series.  Niamh has been a Visiting Professor in a number of institutions internationally, including recently Bocconi University, Milan, the University of Zurich, and Columbia Law School, New York, and is a Fellow (Household Finance) of the Centre for Financial Studies, Goethe University, Frankfurt, a member of the European Company Law Experts Group, and a Fellow of the Seoul Corporate Governance Forum.

Niamh’s external activities and public appointments include member of the inaugural (2011-2013) and second (2013-2015) advisory Securities and Markets Stakeholder Group of the European Securities and Markets Authority (ESMA); and Chair, Consumer Advisory Group, Central Bank of Ireland. She was the Special Adviser to the major 2014-2015 inquiry by the UK Parliament House of Lords EU Select Committee into the EU’s regulatory response to the financial crisis (The post-crisis EU financial regulatory framework: do the pieces fit?). Niamh has also served as a member of the UK Financial Conduct Authority’s advisory Financial Services Consumer Panel; and has acted as an Expert Witness for UK Parliament Select Committees (including recently on Brexit-related matters) and for European Parliament inquiries on financial market regulation.

Administrative support: Alison Grant

Research interests

Niamh's main research interest is to explore the EU's regulation of financial markets and services from institutional, substantive, and contextual perspectives. She is particularly interested in the consumer markets.

External activities

Niamh’s appointments include member of the inaugural (2011-2013) and second (2013-2015) advisory Securities and Markets Stakeholder Group of the European Securities and Markets Authority (ESMA), and Chair, Consumer Advisory Group, Central Bank of Ireland. She was the Special Adviser to the major 2014-2015 inquiry by the UK Parliament House of Lords EU Select Committee into the EU’s regulatory response to the financial crisis which reported in February 2015 (The post-crisis EU financial regulatory framework: do the pieces fit?). Niamh has also served as a member of the UK Financial Conduct Authority’s advisory Financial Services Consumer Panel; has acted as an Expert Witness for UK Parliament Select Committees (including recently on Brexit-related matters) and for European Parliament inquiries on financial market regulation matters; and is a member of the Board of Trustees of the Academy of European Law, Trier.

Teaching

Books

Brexit and Financial Services: Law and Policy (Hart Publishing, 2018), with Professors Kern Alexander, Catherine Barnard, Eilís Ferran, and Andrew Lang)

This timely book examines the legal and regulatory implications of Brexit for financial services. As the UK disentangles its financial system from the EU, law will matter to a profound extent. Treaties, legislation, and regulation, at UK, EU, and international levels, and the many dynamics and interests which drive them, will frame and shape the ultimate settlement between the UK and the EU, as well as how the EU financial system develops post-Brexit and how the international financial system responds. Written by leading authorities in the field, this book addresses and contextualises the legal, regulatory, and policy issues across five dimensions, which correspond to the major legal spheres engaged: financial regulation implications and market access consequences for the UK financial system; labour law and free movement consequences for the UK financial system; the implications internally for EU financial governance and the euro area; the implications and relevance of the EEA/EFTA financial services market; and the trade law and World Trade Organization law implications.

click here for publishers site 


 

Oxford Handbook of Financial Regulation (OUP, 2015) (ed. with Professor Eilís Ferran and Professor Jennifer Payne)

The financial system and its regulation have undergone exponential growth and dramatic reform over the last thirty years. This period has witnessed major developments in the nature and intensity of financial markets, as well as repeated cycles of regulatory reform and development, often linked to crisis conditions. The recent financial crisis has led to unparalleled interest in financial regulation from policymakers, economists, legal practitioners, and the academic community, and has prompted large-scale regulatory reform. The Oxford Handbook of Financial Regulation is the first comprehensive, authoritative, and state-of-the-art account of the nature of financial regulation. Written by an international team of leading scholars in the field, it takes a contextual and comparative approach to examine scholarly, policy, and regulatory developments in the past three decades.

click here for publisher's site


 

EU Securities and Financial Markets Regulation (OUP, 2014, 3 edition)

EU Securities and Financial Markets Regulation provides the first comprehensive, critical, and contextual account of the vast new rule-book which now applies to the EU financial market in the aftermath of the seismic reforms which have followed the financial crisis. Topics covered in-depth include the AIFMD, EMIR, the Short Selling Regulation, the new market abuse and transparency regimes, the rating agency regime, the UCITS IV-VI reforms, and MiFID II/MiFIR; the analysis is wide-reaching, extending to secondary legislation and relevant soft law.

click here for publisher's site


 

The Regulatory Aftermath of the Global Financial Crisis  (Cambridge University Press 2012) (with Eilís Ferran, Jennifer G. Hill, John C. Coffee, Jr)

The EU and the US responded to the global financial crisis by changing the rules for the functioning of financial services and markets and by establishing new oversight bodies. With the US Dodd–Frank Act and numerous EU regulations and directives now in place, this book provides a timely and thoughtful explanation of the key elements of the new regimes in both regions, of the political processes which shaped their content and of their practical impact. Insights from areas such as economics, political science and financial history elucidate the significance of the reforms. Australia's resilience during the financial crisis, which contrasted sharply with the severe problems that were experienced in the EU and the US, is also examined. The comparison between the performances of these major economies in a period of such extreme stress tells us much about the complex regulatory and economic ecosystems of which financial markets are a part.

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Law Reform and Financial Markets (Cheltenham: Edward Elgar, 2011) (ed. K. Alexander)

Law Reform and Financial Markets addresses how law reform can be used to support strong financial markets and draws on the global financial crisis as a case study.

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How to Protect Investors. Lessons from the EC and the UK (Cambridge University Press, 2010)

Taking as a case study the wide-ranging investor protection regime which governs Europe's retail markets after an intense reform period, the book provides a critical, comparative and contextual examination of the nature of investor protection, exploring why the retail investor should be protected, whether retail investor engagement with the markets should be encouraged, and how investor-protection laws should be designed, particularly in light of the financial crisis.

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EC Securities Regulation 2nd. ed. (Oxford University Press, 2008)

 

In the wake of radical and far-reaching legal, market, and institutional reforms which followed the completion of the Financial Services Action Plan, the EC regime for securities regulation now governs Community financial markets and has almost replaced national law in this area. This long-awaited second edition of EC Securities Regulation considers the extensive new regime in its legal, institutional, political, and market context and assesses the forces which have shaped it.

 

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Articles