Unlike the United States, which moved swiftly to deal with its sickly banks after the 2008/2009 financial crisis, Europe has been reluctant to close banks whose credit is crucial to the economy and with whom governments have close political ties.
"Europe hasn't covered itself in glory," said Karl Whelan, an economist with University College Dublin. "The scale of banking problems was more quickly accepted in the United States. But in Europe they swept it under the carpet."
However, things could change for the 17-nation euro zone under a new system of supervision led by the European Central Bank, which will run checks on banks under its watch next year. If agreed in time, the new EU law under discussion could be used as the blueprint for closing or salvaging banks found to be ailing or bankrupt in the ECB's tests.
BLACK HOLE
The ECB's new supervisory role is part of a project called banking union which aims to supervise, control and support banks to rebuild confidence in the euro zone.
Binding the euro zone more tightly together to underpin the currency union is tortuous, however.
France is arguing that the new EU rules should allow countries more leeway to decide how banks' creditors are dealt with. Germany is pushing for stricter rules in which everyone has to follow an agreed, EU standard.
"For France, this is about allowing the euro zone's bailout fund to be used when banks fail," said one EU diplomat involved in the discussions. "That is not the way Germany sees it."
Whatever deal they strike will be critical in determining how Europe copes with the billions of euros of bank loans that may go unpaid if the bloc fails to end economic stagnation.
"This is not just theoretical," said one EU official with knowledge of the issue. "Everyone knows there is a black hole in Europe's banks."
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