The course addresses various matters in Italian and European Banking Law. After an introductive overview of the main developments of Banking Law, analysis and discussion will be made with regard to: (i) powers and purposes of the banking authorities and structure of the European single supervisory mechanism; (ii) the unified monetary policy and the powers of the European Central Bank, including with respect to transactions for the acquisition of sovereign debt of European countries; (iii) the legal concept of banking activity, fundraising from the public and credit activity, as well as the main legal features of the electronic payment instruments and payment services; (iv) requirements to obtain the authorization to carry out banking activity and to acquired qualifying holdings in banks; (v) the structure of the supervision of the banking system and the rules on the regulatory capital of banks enacted by the Basel regulation; (vi) banking groups, financial conglomerates and financial intermediaries; (vii) the crisis of the banks; and (viii) certain matters on the law of banking contracts. Analysis of case and materials, discussions in class and possible presentations by students will be encouraged during the course.
Expected learning outcomes
1) Knowledge and understanding. Students shall demonstrate deep knowledge of the fundamentals of Italian Banking Law, as supplemented and completed by European Banking Law. 2) Applying knowledge. Students shall demonstrate ability to gather, interpret and apply the law and the regulation included in the program to practical cases. 3) Making Judgement. Students shall demonstrate ability to understand the scope and the goals of the law and regulation included in the program, as well as the ability to elaborate solutions on the relevant issues on the basis of correct legal arguments. 4) Communication. Students shall demonstrate ability to communicate the acquired knowledge by raising arguments that are logically coherent and scientifically correct in the appropriate language. 5) Learning skills. Students shall demonstrate those learning skills that are necessary for them to undertake further study with a high degree of autonomy
The course addresses: 1) origins and development of the Italian and European Banking Law; 2) the banking authorities: Comitato Interministeriale per il Credito e il Risparmio, Ministero dell'Economia e delle Finanze and Banca d'Italia; 3) the European single supervisory mechanism; 4) the unified monetary policy: the European Central Bank and the European System of Central Banks; 5) the banking activity: fundraising from the public and credit activities; 6) electronic payment instruments and payment services; 7) authorizations to carry out banking activities: conditions and procedural matters; 8) the rules on qualified stakes in the banks; 9) supervision of the banking system (informational, inspective and regulatory supervision); 10) the European adoption of Basel regulation (regulatory capital, global liquidity standards and leverage ratio, supervisory review process, disclosure to the public and banks' governance); 11) the banking group, consolidated supervision and financial conglomerates; 12) financial intermediaries and the other players acting in the financial sector; 13) the crisis of the banks; 14) transparency in contractual conditions between the bank and its clients; 15) the banking contracts: bank accounts, banking deposits; opening of bank credit; banking advances and bank discounting.
Prerequisites for admission
The course is for students who have passed the examination in Commercial Law.
The course is thought through oral lectures. During the class, it will be encouraged the analysis of case law or other precedents, the discussion in class and possible presentation by students.
For the matters under (1)-(13), R. Costi, L'ordinamento bancario, last printed edition, Bologna, Il Mulino. For the matters under (14): G. Cavalli - M. Callegari, Lezioni sui contratti bancari, last printed edition, Bologna, Zanichelli. At the beginning of the class different books may be recommended based on printed editions available. Students attending the class will have access to handouts and material.
Assessment methods and Criteria
The final examination takes place in the form of an oral examination and the grades are expressed in a scale from zero to thirty (30), with the possible the mention "cum laude". The criteria to evaluate the oral examination are based on the ability of the student to provide correct answers, to make a clear presentation and to make critical analysis and arguments.