MiCA and the flawed premise of centralised supervision: operational burden vs. supervisory consistency

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Authors: Christopher P. Buttigieg, Ian Gauci
Cited by: 1
References: 1

Abstract

Abstract This article critically analyses a leaked European Commission proposal to shift the supervision of Crypto-Asset Service Providers (CASPs) from National Competent Authorities (NCAs) to centralised control under the European Securities and Markets Authority (ESMA). The paper argues that this move, presented as a technical adjustment, is a scale-shifting constitutional change that fundamentally undermines the careful balance of the original Markets in Crypto-Assets Regulation (MiCA), which relied on NCA supervision and ESMA coordination. The critique concludes that centralised supervision is legally questionable, structurally incoherent, and operationally harmful, risking excessive bureaucracy, the erosion of national expertise, and a direct contravention of the principle of subsidiarity. The paper concludes by advancing a reinforced model for supervisory convergence and cooperation as a superior alternative.

Fields of Study & Subjects

Global Financial Regulation and Crises Security Politics and Digital Transformation Blockchain Technology Applications and Security

Publication details

Journal / source
ERA Forum
Publisher
Springer Science and Business Media LLC
Volume
27
Issue
1
Pages
49–58
Publication date
12 February 2026
Language
EN