BANKING AND FINANCIAL MARKETS LAW

The course is one of the elective educational activities of the Master Degree in Global Development and Entrepreneurship, curriculum Enterpreneurship.
The course hence branch out three trajectories, which are projected at: i) studying the revolutionary changes in the structure of financial markets and how they relate to the general framework and the principles that govern EU financial law and supervision (institutional trajectory); ii) deepening the studies relating to the regulatory objectives of EU financial law, supervisory and regulatory powers and financial integration. It will do so by dealing with the EU market integration legislative initiatives vis-à-vis the break-throughs in data processing and sharing technology (substantive trajectory); and iii) addressing the analysis of financial system problems and the regulatory strategies that are used to solve these problems (methodological trajectory).

“Banking and Financial Markets Law” addresses the “substantive” level of EU financial and banking law – that is the rules projected at realising the single market.
The course aims, first, to analyse whether and how the financial regulatory objectives are influenced by financial innovation (namely financial stability, consumer protection and market integrity). Second, it aims to study thoroughly the substantive areas and rules affected by digitalisation and innovation, i.e. retail financial services, cross-border payments consumer and mortgage credits.
This course deals with a very timely topic. On the one hand, new financial innovations and new market entrants (e.g. FinTech companies) prompt policy makers to question the scope of the regulatory objectives of consumer protection and financial stability respectively. On the other, brand-developments in IT bring up risks (i.e. cyber security) that have only recently materialised.

1. Knowledge and understanding
1.1 Knowledge of the legal framework relating to the banking activity
1.2 Knowledge and analysis of anti-money laundering policies and laws.
1.3 Knowledge and analysis of banking contracts.

2. Applied skills of knowledge and understanding
2.1 Ability to understand the functioning of the banking business.
2.2 Ability to identify the differences between the types of banking contracts.
2.3 Ability to understand how economic crimes work and what policies are in place.

3. Evaluation
3.1 Understanding of the text of the law.
3.2 Ability to appraise complex circumstances and their legal consequences.
3.3 Capability of balancing the different interests concerning the different banking contracts.

4. Communication skills
4.1 Ability to express using the legal terms properly.
4.2 Critical and dialogical interaction with the examiners during the examination.

This course builds upon the knowledge gained in Business law

1. The Financial Markets: Introduction - 2. The Banking Union: Glimpses 3. General profiles of banking contracts and services of investment firms. - 4. Customer protection and transparency legislation. - 5. Banking operations. - 6. Payment systems - 7. Market failures. - 8. Regulatory strategies.

Alexander, K. (2019). Principles of Banking Regulation. Cambridge: Cambridge University Press. doi:10.1017/9781108551557 + additional material
Additional learning material will be posted on Moodle platform.

Oral exam. Possible student presentations made during the course will be part of the evaluation.

The final exam consists 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.

Regarding grade graduation (mode by which grades will be assigned), regardless of attending or non-attending mode:
A. scores in the 18-22 range will be awarded in the presence of:
- sufficient knowledge and applied comprehension skills with reference to the syllabus;
- limited ability to collect and/or interpret data, making independent judgments;
- sufficient communication skills, especially in relation to the use of specific language pertaining to the discipline of banking;
B. scores in the 23-26 range will be awarded in the presence of:
- fair knowledge and applied comprehension skills with reference to the syllabus;
- discrete ability to collect and/or interpret data, making independent judgments;
- fair communication skills, especially in relation to the use of specific language pertaining to the discipline of banking;
C. scores in the 27-30 range will be awarded in the presence of:
- good or very good knowledge and applied understanding with reference to the syllabus;
- good or excellent ability to collect and/or interpret data, making independent judgments;
- fully appropriate communication skills, especially in relation to the use of specific language pertaining to the discipline of banking.
D. honors will be awarded in the presence of knowledge and applied understanding with reference to the syllabus, judgment and communication skills, excellent.

Traditional frontal teaching. Attendance is suggested. Student-led discussion seminars and tutorials.

English

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