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Version status: Published
Version date: 18 April 2023 - onwards
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2. Legal Basis, Subsidiarity and Proportionality

• Legal basis

The proposal amends an existing directive, the DGSD, in particular as regards the improved application of the tools that are already available in the deposit protection framework.

Consequently, the legal basis for the proposal is the same as the legal basis of the original legislative act, namely Article 53(1) of the TFEU on the right of establishment, the same legal basis as the directive being amended. According to EU case law [See judgment of 21 June 2018, Poland v Parliament and Council, C-5/16, EU:C:2018:483, p. 49, p. 69 and case-law cited.], where a legislative act is designed merely as a supplement or a correction of another legislative act, without altering its original goal, the EU legislature is fully entitled to base the latter act on the legal basis of the first act.

• Subsidiarity (for non-exclusive competence)

The amendments to the DGSD comply with the subsidiarity principle. National rules cannot achieve a harmonised level of depositors' protection an

Comparing proposed amendment...