OVERVIEW

The teaching unit provides students with adequate instruments to understand and critically analyze the banking sector from a legal perspective. Banking regulation (prudential regulation/supervision and contracts) will be examined, taking into accout recent developments and scientific debates within the sector, both nationally and internationally. During classes and seminars, the most interesting cases in banking law will be discussed. 

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, under the guidance of the professor but at the same time developing their own research, analysis and presentation skills, the most interesting and relevant to banking law cases.

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, sustainability, 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.

Expected learning outcomes (Dublin descriptors):
1. Knowledge and understanding: The students will be able to understand and explain banking
regulation (prudential regulation and supervision; contracts) and the underlying logic, in light
of current legislation and reform perspectives, also at EU and international level, based on the study
of provided materials and participation to classes (advanced alphabetic-functional competence with assigment of open badges).
2. Applying knowledge and understanding: The students will be able to apply banking provisions to
concrete cases and new phenomena (e.g., Fintech, Islamic finance,
sustainability and the banking sector, Brexit, etc.) presented during lectures and seminars,
demonstrating the ability to solve current legal problems.
3. Making judgements: The students will be able to critically evaluate regulatory solutions and
ongoing debates, autonomously using acquired knowledge to formulate reasoned judgements
in different application contexts (advanced social and creative competence with assigment of open badges).
4. Communication skills: The students will be able to use the technical language of the
discipline to communicate clearly and unambiguously with both specialists and
non-specialists, also through oral and slides presentations during seminars (advanced social competence with assigment of open badges).

5. Learning skills: The students will be able to autonomously deepen the main topics of the
discipline, also in professional contexts, using the resources and materials provided during classes (advanced learn how to learn competence with assigment of open badge)

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

Lectures with active student participation (positively evaluated for the final grade; online self-assessment tests for each lesson with assignment of open badges) and discussion of current cases (on the initiative of the professor and/or students); seminars. During seminars,
students wishing to obtain additional points are invited to present individual research within group work on current cases of interest for banking law (soft skills: critical thinking, team work, presentation/communication, etc. with assignment of 4 open badges; tools: instant polling, team-based and case/problem based learning, role playing, project-based learning). The professor provides additional explanations, clarifications and integration and encourages
students in the audience to comment on the presentations of others and to ask questions.
External experts from other universities or the private sector (in previous years: Banca BPER, Banca Passadore, Crédit Agricole) may be invited to hold in-depth seminars.

Attendance to classes is not mandatory but highly recommended. 

Students with disabilities or SLD might contact the professor to agree on personalized teaching methods.

Lessons (with active participation of students, instant polling, case-based learning: assignment of 1 open badge) and seminars (with presentations by students; team-based and case/problem-based learning, role playing, project-based learning with assignment of 4 open badges to students participating to working groups). The attendance to the seminars is mandatory only for students of the economic curriculum.

SYLLABUS/CONTENT

Part I: Introduction and basic notions

1. The history 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. Recent developments and future reforms (including sustainable finance, EDIS, etc.)

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 (and recent reforms)
   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. Consumer 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', Unicredit versus Commerzbank/BPM (helping developing important soft skills for which 4 open badges will be assigned). External experts and market representatives might join the classes as guest lecturers, especially to provide practical insights.

The contents taught are in line with UN sustainable development goals (2030 agenda), in particular with objectives SDG 4 (quality education), SDG 5 (gender equality), 8 (decent work and economic growth), 9 (sustainable industry, innovation and infrastructure), 12 (responsible production and consumption); 13 (action against climate change); 17 (partnership for the goals). 

RECOMMENDED READING/BIBLIOGRAPHY

Textbook and recommended material will be specified on Aulaweb 2025/26, with differentiations for attending (60% of presence to classes) and not-attending students.

Attending students are required to prepare for the exam using:

1. lecture notes (including seminars for economic students)

2. slides uploaded on Aulaweb,

3. any additional material provided (please check Aulaweb).

Non-attending students will be required to prepare for the exam using:

1. the updated textbook indicated on Aulaweb at the beginning of the semester (for the academic year 2024/25: Vella-Bosi, Diritto ed economia delle banche e mercati finanziari, il Mulino, most recent edition – please check Aulaweb 2025/26 for updates)

2. additional material indicated and uploaded on Aulaweb by the Professor (mandatory, as the textbook does not cover the entire syllabus)

3. relevant legal texts as a reference: Italian Civil Code, Consolidated Banking Act (TUB) Legislative Decree 385/1993 (available on www.bancaditalia.it) and related secondary legislation (e.g., Bank of
Italy circulars containing supervisory provisions), European Directives and Regulations, and other legal texts indicated in the textbook and additional materials (in the most updated versions).

Foreign and Erasmus students who feels the need to have a dedicated programme/syllabus might contact the Professor to discuss such issue. 

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

September 2025 (please refer to Aulaweb 2025/26 and easyacademy for up-to-date information). 

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. The average between this mid-term exam (on the first part of the course) and the final oral exam (on the second part) will determine the final grade (in addition to the potential additional points acquired during the attendance of classes).  Students who fail the oral exam can repeat it with no limitations. 

ASSESSMENT METHODS

Attending and non-attending students will be assessed through an oral exam, with both knowledge-based and reasoning questions, aimed at testing not only the study of specific topics but also the understanding of the principles underlying banking law, their ability to link different topics, develop a legal reasoning and discuss problematic legal issues and the acquisition of specialist language.

For attending students, active and prepared participation in the course
and seminars, as well as presentations during seminar lessons, may contribute to the final grade; those who present will be assessed on the basis of the research carried out, understanding of the topic demonstrated, and ability to answer questions. A mid-term written test on the first part of the course may be agreed with the professor for attending students (the average with the oral exam on the second part will determine the final grade, provided the student has passed the self-assessment tests on Aulaweb and not disrupted the attendance to other courses of the semester during preparation. This mid-term test should include both multiple-choice and open-ended
questions to test not only basic knowledge but also reasoning and the ability to connect different topics and acquire specialist language. The exam can be repeated at every session.

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

Students with a disability or SLD certification may request the use of compensatory measures (e.g. additional time, concept maps and diagrams, modifications in the written/oral mode) during the examination, following the procedure indicated in the guidelines of the University (p. 5) published here. 

FURTHER INFORMATION

Please refer to Aulaweb 2025/26 and contact the professor for further information.