BANKING LEGISLATION I

The course is a core educational activity in the Master's Degree in Economics and Finance, in the homonym curriculum.
The course aims to provide an overview of the foundations of the banking regulatory regime and banking activity. The course is specifically focused on the recent developments of the composite regulatory order, in light of the establishment of the European Banking Union.

1. Knowledge and understanding
1.1 Learning how the law-making process in banking and finance works, at national, European and international level.
1.2 Learning the rules governing the banking business.
1.3 Learning and understanding the supervisory practices.

2. Applied skills of knowledge and understanding
2.1 Ability to interpret and apply banking law, in particular with regard to licensing, allowed activities, ownership, management requirement.
2.2 Understanding the specifities of the law of cooperative banks.
2.3 Ability to apply conduct rules, also deriving from codes of ethic.

3. Evaluation
3.1 Ability to interpret the law and the secondary legislation.
3.2 Ability to analyse the regulatory implications stemming from the different types of banking business.
3.3 Ability to identify the balance between entrepreneurial autonomy and public goals.

4. Communication skills
4.1 Ability to communicate the characteristics of the banking law, using the proper terminology.
4.2 Ability to engage in a critical analsys during the assessment test.

Students are expected to know the contents of the courses of Business/Commercial (and Economic) Law I and II and Banking Law.

1. Introduction on historical evolution of Italian banking legislation. - 2. The Credit Authorities. The Banking Union. - 3. Banking market and financial market: activities and enterprises. - 4. The entry in the banking market. - 5. Banking ownership. - 6. Company representatives. - 7. Banking organisation and activity: special elements.

Lectures will be integrated with some seminars provided by experts of banking legislation and by officers of credit institutions.

CAPRIGLIONE (ed.), Manuale di diritto bancario e finanziario, 2nd ed., Padova, Cedam, 2019, pp. 3-54, 60-72, 80-91, 93-128, 185-212, 327-358, 363-386; or BRESCIA MORRA, Il diritto delle banche, 2nd ed., Bologna, Il Mulino, 2016, pp. 11-75, 80-83, 107-118, 119-122, 137-141, 146-173, 176-201, 204-208 or 3rd ed., 2020, pp. 17-74, 79-81, 104-112, 114-117, 151-165, 167-170, 177-194, 197-201).

Additional learning material (such as doctrine articles, judgements, etc.) will be posted on Moodle platform.

The final exam consists exclusively in an oral test in order to verify the knowledge and comprehension of the course contents, the proper reporting of them and the ability of consulting legal texts.

Frontal lecturing and teacher-students interaction.

Italian

For those who did not take the course “Diritto Bancario” (which, along with “Diritto commerciale” is instrumental to study banking law), the following reading is highly recommended:
CAPRIGLIONE (ed.), Manuale di diritto bancario e finanziario, Padova, Cedam, 2015, pp. 525-545 and pp. 505-522.

The course is in cooperation with Banca di Monastier e del Sile Credito Cooperativo e Credito Trevigiano Credito Cooperativo.

Accessibility, Disability and Inclusion
Accommodation and support services for students with disabilities and students with specific learning impairments

Ca' Foscari abides by Italian Law (Law 17/1999; Law 170/2010) regarding support services and accommodation available to students with disabilities. This includes students with mobility, visual, hearing and other disabilities (Law 17/1999), and specific learning impairments (Law 170/2010). If you have a disability or impairment that requires accommodations (i.e., alternate testing, readers, note takers or interpreters) please contact the Disability and Accessibility Offices in Student Services: disabilita@unive.it.

oral

This subject deals with topics related to the macro-area "Human capital, health, education" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development