Banking and Financial Law

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.

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