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CODE 24675
ACADEMIC YEAR 2023/2024
CREDITS
SCIENTIFIC DISCIPLINARY SECTOR IUS/05
LANGUAGE Italian
TEACHING LOCATION
  • GENOVA
  • IMPERIA
SEMESTER 1° Semester
PREREQUISITES
TEACHING MATERIALS AULAWEB

OVERVIEW

The course aims at providing students with adequate instruments to understand and critically analyze the banking sector from the legal point of view. We will examine banking regulation (prudential regulation/supervision and contracts), taking into accout recent developments and scientific debates within the sector, both nationally and internationally, and using seminars to analyze the most interesting and relevant to banking law cases, while developing research, critical analysis and soft skills (critical thinking, team work, presentation/communication, etc.). 

AIMS AND CONTENT

LEARNING OUTCOMES

The course aims at providing students with adequate instruments to understand and critically analyze banking sector from the legal point of view. We will examine banking regulation (with a focus on Italian law but looking also at the European and International levels) with reference, as an example, to the rules about the taking up and pursuit of banking activity, ownership of banks, supervision (e.g. regulatory supervision about governance, risk management, own funds, etc.), crisis management, etc. and regulation pertaining banking contracts (client protection and consumer protection; transparency, unilaterally modification, usury, etc.) also with an overview of the main banking contracts. The above mentioned analysis will take into account the most recent developments and scientific debates within the sector, both nationally and internationally. Furthermore, the course will include seminars, where students will have the opportunity to analyze the most interesting and relevant banking law cases, under the guidance of the professor but at the same time developing their own research, analysis, presentation and other soft skills. 

AIMS AND LEARNING OUTCOMES

The active participation to the course (lectures and seminars) will allow students to: 

- gain knowldge of banking regulation (prudential regulation and supervision as well as contracts);

- understand the reasons and reasoning behind the adoption of each rule;

- apply the rules to specific cases and new phenomena (Fintech, crowdfunding, etc.);

- be exposed to current discussions at national and international level, potentially leading to future regulatory reforms in the sector;

- develop research, analysis and reasoning skills, ability to present their research to an adience and participate to the discussion

- improve the ability to work in group;

- develop the ability to link different topics, even from different courses.

The following soft skills can be therefore developed: advanced alphabetic-functional competence, advanced personal competence, team work, advanced social competence; creative competence, advanced learn how to learn competence.

PREREQUISITES

Public law and private law exams are prerequisites. Having passed the exam and participated to the classes of the business law course is only highly recommended. 

TEACHING METHODS

Lessons (with active participation of students, instant polling, case-based learning) and seminars (with presentations by students; team-based and case/problem-based learning, role playing, project-based learning). The attendance to the seminars is mandatory only for CLEC students.

 

SYLLABUS/CONTENT

Part I: Introduction and basic notions

  1. The hisotry of banks 
  2. The legal notion of bank and banking activity.
    1. Bank and banking activity in the law.
    2. Specialty of banks after the financial crisis
    3. Non-bank financial institutions: 106 TUB, payment institutions, e-money institutions and others (taking into account PSD 2 reform).
    4. Types of activities reserved to banks, of bank permissible activities, prohibited activities.
  3. Supervisory Architecture:
    1. Italian Banking Authorities
    2. Recent developments in European Banking Supervision: ESRB, ESAs (in particular, EBA) and the Banking Union (and the role of the ECB in banking supervision).
    3. Other authorities and division of competences
  4. European and International Perspective
    1. Evolution of banking supervision and regulation in Europe (European passport, home country control, Banking Union) 
    2. International authorities: Basel Committee on Banking Supervision, FSB, etc.
    3. Future reforms

Part II: Regulation of banks as special firms 

  1. Applicable law. Prudential regulation.
    1. Sources of law
    2. Authorisation process and requirements 
    3. Prudential supervision (eg capital requirements, corporate governance, containement of risks); influence of SDGs and sustainability on prudential regulation and supervision
    4. Supervisory powers and measures; sustainability reporting and banks 
    5. Banking groups
    6. Banking crises and resolutions
    7. Deposit guarantee schemes 
  2. Types of banks and regulation 
    1. Mutual banks 
    2. Public banks and banking foundations 
    3. Ethical banks
  3. Sanctions

Part III: Regulation of banks as contractual counterparty.

  1. Applicable law.
  2. General aspects and some particular clauses (unilateral modification, anatocism, interest rates and usury.
  3. Cosumer protection and special regimes (consumer credit and residential mortgages)
  4. Overview of different types of banking contracts 

In the last years, the course has been complemented by seminars addressing practical cases or certain topics deserving special attention to better understand banking regulation, such as: microcredit, peer-to-peer lending, virtual currencies, online banking, fintech banks, Big tech in the financial sector, islamic finance, Brexit, sustainable finance, practical cases related to the following 'scandals': Antonveneta, Monte dei Paschi di Siena, Carige, Fortis-Dexia, Venetian banks, 'four banks' (helping developing important soft skills).

The contents taught are in line with UN sustainable development goals (2030 agenda), in particular with objectives 8 (durable, inclusive and sustainable economy), 9 (resilient infrastructure and fair, responsible and sustainable innovation), 12 (sustainable models of production and consumption); 13 (action against climate change); 17 (cooperation for sustainable development). 

RECOMMENDED READING/BIBLIOGRAPHY

Textbook and recommended material will be specified on Aulaweb, with differentiations for attending (60% of presence to online classes) and not-attending students. The latter will be required to study on the recommended manual as well as on additional material posted on aulaweb. However, they can discuss with the Professor the possibility to watch the recorded lectures online and prepare the exam on the same together with the slides. Anyway, the presence and participation to classes is highly recommended for the opportunity to interact and discuss with the Professor. Foreign students who feels the need to have a dedicated programme/syllabus, might contact the Professor to discuss such issue. 

As regards the academic year 2022/23 (please check on Aulaweb for updated information), the recommended material is the following: 

  1. Brescia Morra, Il diritto delle banche, il Mulino, 2020 (or most recent edition)
  2. Material uploaded on Aulaweb (section dedicated to non-attending students)
  3. 2 chapters (out of the 6 indicated) from the book: Paracampo (ed.), FINTECH Seconda edizione riveduta e aggiornata, (Giappichelli, 2019)

TEACHERS AND EXAM BOARD

Exam Board

EUGENIA MACCHIAVELLO (President)

MARCO ARATO

MATTEO GARGANTINI

CHRISTIAN MEZZANO

LUISA NENCI

ANDREA PERICU

CHIARA VALENTI

LESSONS

LESSONS START

September 2023

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

Oral exam but active participation in class and presentations and comments at seminars will be taken into account for the final grade of students regularly attending classes. A mid-term written exam might take place for students regularly attending classes conditional on students taking and receive positive feedbacks on periodic auto-evaluation tests, attendance of other courses during the exam preparation (and as long as the epidemiologic and sanitary situation allows it). Students who fail the oral exam can repeat it with no limitations. Students non regularly attending classes might be required to present a research/report to show their ability to apply norms and critically analyse them. 

ASSESSMENT METHODS

The exam will assess the students' knowledge of the topics in the syllabus, their understanding of the reasons and reasoning behind each rule, their ability to link different topics, develop a legal reasoning and discuss problematic legal issues. Through seminars (and individua research and reports agreed with the Professor of the course in case of non-attending students) students will be assessed for their ability to critically analyze topics and cases and apply rules to the same.

Foreign, disabled and other persons needing special attention can contact the teacher for dedicated answers and solutions.

Exam schedule

Data appello Orario Luogo Degree type Note
18/12/2023 09:00 GENOVA Orale
18/12/2023 09:00 GENOVA Orale
15/01/2024 09:00 GENOVA Orale
15/01/2024 09:00 GENOVA Orale
29/01/2024 09:00 GENOVA Orale
29/01/2024 09:00 GENOVA Orale
13/05/2024 09:00 GENOVA Orale
27/05/2024 09:00 GENOVA Orale
27/05/2024 09:00 GENOVA Orale
10/06/2024 09:00 GENOVA Orale
10/06/2024 09:00 GENOVA Orale
08/07/2024 09:00 GENOVA Orale
08/07/2024 09:00 GENOVA Orale
09/09/2024 09:00 GENOVA Orale

FURTHER INFORMATION

Attendance to the course is recommended but not compulsory.

Agenda 2030 - Sustainable Development Goals

Agenda 2030 - Sustainable Development Goals
Decent work and economic growth
Decent work and economic growth
Industry, innovation and infrastructure
Industry, innovation and infrastructure
Responbile consumption and production
Responbile consumption and production
Climate action
Climate action
Partnerships for the goals
Partnerships for the goals

OpenBadge

 PRO3 - Soft skills - Imparare a imparare base 1 - A
PRO3 - Soft skills - Imparare a imparare base 1 - A
 PRO3 - Soft skills - Creazione progettuale base 1 - A
PRO3 - Soft skills - Creazione progettuale base 1 - A
 PRO3 - Soft skills - Sociale avanzato 1 - A
PRO3 - Soft skills - Sociale avanzato 1 - A
 PRO3 - Soft skills - Personale avanzato 1 - A
PRO3 - Soft skills - Personale avanzato 1 - A
 PRO3 - Soft skills - Alfabetica avanzato 1 - A
PRO3 - Soft skills - Alfabetica avanzato 1 - A