نوع المستند : مقالة علمية و بحثية
المؤلفون
1 أستاذ مساعد، قسم القانون العام، كلية الحقوق، جامعة قم، قم، إيران
2 طالب دكتوراه في القانون العام، كلية الحقوق، جامعة قم، قم، إيران
المستخلص
الكلمات الرئيسية
عنوان المقالة [English]
المؤلفون [English]
Supervising financial institutions is one of the most fundamental functions of central banks. Global financial crises have repeatedly demonstrated that weak supervisory frameworks pose a serious threat to economic stability, making the continuous updating of banking legislation an unavoidable necessity. This study aims to examine the role of the central bank in supervising financial institutions under Iraqi and French legislation, by analyzing the legal foundations and supervisory tools in both systems and conducting a critical comparative assessment between them. The core research question is: to what extent has the Iraqi legislative framework succeeded in providing effective supervision that ensures financial stability, and how can it be developed by drawing on the French experience? The study adopts a comparative analytical approach, grounded in the Basel Committee's international standards. The findings reveal that although Iraqi legislation grants the central bank broad powers in licensing, ongoing supervision, inspection, and administrative sanctions, it suffers from significant gaps in keeping pace with modern developments such as risk-based supervision and financial technology. By contrast, the French system stands out for its integration within the European Single Supervisory Mechanism and its possession of advanced early-intervention tools. The study concludes that developing banking supervision in Iraq requires updating core legislation, strengthening the central bank's operational independence, advancing digital infrastructure, and benefiting from the French experience and international standards—all of which would contribute to financial stability and the protection of depositors' rights. The added value of this research lies in offering the first comprehensive applied comparison between the two systems, while presenting practical proposals for preventive intervention inspired by the European model.
الكلمات الرئيسية [English]
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