Economic-Legal Area

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Banking and financial law

Prof. Pierre de Gioia-Carabellese
(Heriot Watt University (Edimburgo - Regno Unito))
Prof. Mads Andenas
(University of Oslo (Oslo - Norway))

Content language:Italian

Course description

The course objectives are the acquisition of knowledge and competences in financial law and to give a clear and complete understanding of European financial markets. The aim is to describe the institutional and regulatory framework of the European Union's capital markets and the role of the financial institutions. We will study the financial system and the goals, the strategies and the limits of financial regulation. The course will outline the micro - and macro-prudential regulation of financial institutions, particularly banks, to ensure financial stability. The course will look at international and EU bank regulation, examining the relationship between consumers and the financial system, and the aspect of investor protection. The course will study the crisis and the EU actions to resolve it. So we will examine: The Single Supervisory Mechanism, the Single Resolution Mechanism, and the Deposit Guarantee Schemes.

Prerequisites

None

Objectives

• To analyze the evolutionary process in the field of banking and financial law, with a particular attention to the most critical aspects in this regard; • To identify the ratio of significant financial events occurred in the last few years and to determine the principal responses and measures adopted from political and technological point of view.

Program

The financial system, European and International financial law, financial markets, Information Intermediaries, Consumers and the Financial System, Financial Products, Bank and its organisation, Capital and Liquidity Regulation, Market-Based Credit Intermediation, Macro-prudential supervision

Book

Matthias Haentjens and Pierre de Gioia-Carabellese (2015). European Banking and Financial Law

Exercises

The course is characterised by exercises, designed to allow students to check the results of the study carried out through video lessons, study material, discussions on the forum and due to the meetings in chat. There are three different types of exercises: • open-ended questions; • multiple choice questions; • practical exercises.

Appointed teaching professor

Professor not available

Video Professor

Prof. Pierre de Gioia-Carabellese - Heriot Watt University (Edimburgo - Regno Unito)

Prof. Mads Andenas - University of Oslo (Oslo - Norway)

List of video lessons

Lesson n. 1: Sources of European and Financial Law Display lessons issues		Pierre de Gioia-Carabellese
The European Union Dimension European Union Passport Sources: Treaties, Regulations, Directives
Lesson n. 2: Objectives and Limits of Regulation Display lessons issues		Mads Andenas
What are financial markets: what is regulation? The financial system Goals and strategies Limits to regulation
Lesson n. 3: Financial Markets Display lessons issues		Mads Andenas
Do we need a theory of financial markets? Market participants
Lesson n. 4: Financial Markets and Primary Market (Prospectus and Listing) Display lessons issues		Pierre de Gioia-Carabellese
The Concept of Stock Exchange The Prospectus Listing
Lesson n. 5: Market Abuse Display lessons issues		Pierre de Gioia-Carabellese
The Concept of Market Abuse The Market Abuse Regulation Disclosure Requirements
Lesson n. 6: Investor Protection Display lessons issues		Mads Andenas
Consumers and the Financial System Regulating Consumer Finance Financial Products
Lesson n. 7: Residential Property Legislation in the EU Display lessons issues		Pierre de Gioia-Carabellese
Mortgages and economics Directive 2014/17 The Scope of the Protection
Lesson n. 8: Compound Interest Display lessons issues		Pierre de Gioia-Carabellese
Compound Interest at Common Law Compound Interest in Italy A Comparison
Lesson n. 9: Regulating Financial Institutions Display lessons issues		Mads Andenas
Risk and regulation Capital and Liquidity Regulation Resolution Governance Settlement systems
Lesson n. 10: Banks Display lessons issues		Mads Andenas
What is banking about? Risk and regulation Capital and Liquidity Regulation Banking Resolution Ring-fencing and Banking Governance Payments and settlement systems
Lesson n. 11: Depositors’ Protection Schemes Display lessons issues		Pierre de Gioia-Carabellese
The rationale behind the depositors’ protection The evolution of the system Directive 2014/49
Lesson n. 12: Depositors’ Protection Schemes: the new ‘Pan-European Scheme’ Display lessons issues		Pierre de Gioia-Carabellese
The Amount of Protection The New Directive 2014/49 The ‘Greece case’ and the Run on Deposits
Lesson n. 13: Investment Firms Display lessons issues		Mads Andenas
Financial empire building and systemic risk Micro-prudential regulation, risk management and corporate governance Regulating the soundness of financial intermediaries Hedge funds and rating agencies From financial intermediaries to masters of the universe
Lesson n. 14: Investors’ Protection Scheme Display lessons issues		Pierre de Gioia-Carabellese
The Concept of Investor Le Applicable Legal Framework The Modality of the Protection
Lesson n. 15: Markets and Banks Display lessons issues		Mads Andenas
Deposits and equity Liquidity and market transformation Shadow banks European regulation: the EU and the Euro zone
Lesson n. 16: The Mix of Institutions Display lessons issues		Mads Andenas
The political process Political economy Supervision and enforcement Regulatory Architecture: What Matters? International coordination
Lesson n. 17: Macroprudential Regulation Display lessons issues		Mads Andenas
The rise of macro-prudential supervision Information collection and surveillance in macro-prudential supervision Regulatory architecture for macro-prudential supervision in UK and EU The pre-emptive approach
Lesson n. 18: Dividing Up Regulation and Supervision Display lessons issues		Mads Andenas
Dividing up regulation and supervision at the national, European and International levels The International framework for financial regulation International regulation
Lesson n. 19: Custody and Transfer of Money and Securities Display lessons issues		Pierre de Gioia-Carabellese
The concept of deposit in banking law Custody of money and securities Transfer of money and securities
Lesson n. 20: Loan Finance Display lessons issues		Pierre de Gioia-Carabellese
The concept of ‘loan contracts’ Classification of ‘loan contracts’ Structure and main clauses
Lesson n. 21: Derivatives: a Legal Analysis Display lessons issues		Pierre de Gioia-Carabellese
The Concept of ‘Derivatives’ A Judicial Analysis of Derivatives Derivatives and Regulation
Lesson n. 22: Collateralised Finance Display lessons issues		Pierre de Gioia-Carabellese
The Concept of Collateralised Finance Principal Terms and Conditions Collateral Directive
Lesson n. 23: Structured Finance Display lessons issues		Pierre de Gioia-Carabellese
Structured Finance Transactions Securitisations and Legal Risks Securitisations and shadow banking

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Economic-Legal Area

Banking and financial law