LAW OF ECONOMY AND REGULATED SECTORS
The course aims to highlight the evolutionary process of the regulation of the banking and financial sector with particular attention to the most critical aspects; to analyze the forms of protection of the saver-investor in the provision of financial services; to identify the rationale of some recent events affecting the banking-financial sector.
The learning objectives of the course can be divided as follows:
- Knowledge and understanding:
the student will have to know the fundamental rules of economic law, of the discipline of competition in terms of limiting aid by individual states to the banking sector. He must also be able to understand the purposes of the actions implemented within the EU in banking and financial matters.
- Ability to apply knowledge and understanding:
the student must be able to find, understand and use European sources on banking and finance.
- Making judgments:
the student must be able to acquire interpretative skills, case analysis and qualification of the relationship between real facts and legal cases, in order to be able to identify, represent and resolve the problems connected to economic law.
- Communication skills:
the student must be able to acquire clear and effective communication skills, thanks to a good command of the technical vocabulary related to the topics covered during the course.
- Learning ability:
the student must be able to deepen their knowledge of relevant and relevant bibliographic references for the field being studied. In particular, the student must be able to understand the current economic context in the light of the legislative interventions adopted at national and European level.
It is useful for students to have basic knowledge of private law, commercial law and public law.
I block (24 hours):
Understanding of the sources of primary legislation and of the constitutional principles on the subject. In-depth study of deregulation and self-regulation processes in the search for adequate solutions to the innovations of the financial reality. Study of the new architecture of financial supervision in Europe.
II block (24 hours):
Analysis of the evolution of public control over banks and in-depth analysis of the definition and qualification of banking activity and investment services and activities. Collective asset management and mutual funds. Analysis of the regulation of banking crises and the role played by the sector Authorities. In-depth analysis of the reference regulatory framework on the matter and of the resolution tools prepared by the same.
III block (24 hours):
Analysis of the effects of COVID-19 on the reference banking and financial regulation and legal-economic implications.
The course is organized in lectures, case discussions, articles in specialized journals on the topics covered in the study. After a first part of the course mainly based on conventional lessons, the students will be divided into working groups. Each group will be assigned a case to be solved relating to the topics addressed, from time to time, in class. This teaching method is functional in stimulating students towards learning the subject because it allows them to apply theoretical knowledge to factual reality. In particular, the study of jurisprudential cases allows to verify the application of the knowledge acquired and, in this way, stimulates the students' curiosity towards the subject.
- AA.VV., Manuale di diritto bancario e finanziario, a cura di F. Capriglione, CEDAM, 2019, Cap. I, Cap. II, Cap. IV, Cap. V, Cap. VII, Cap. VIII, Cap. IX, Cap. X, Cap. XI, Cap. XII, Cap. XIII, Cap. XVII, Cap. XVIII, Cap. XXI, Cap. XXII, Cap. XXIII, Cap. XXIV, Cap. XXV.
- AA.VV., COVID-19. Emergenza sanitaria ed economica. Rimedi e prospettive, a cura di D. ROSSANO, Cacucci editore, 2020.
The verification of learning is based on an oral exam.
The oral interview method allows to evaluate in the most complete way, in addition to the student's communication skills, the acquisition of the analytical and critical skills required of the student in consideration of the complexity of the topics and arguments covered by the course of which he must demonstrate the knowledge and understanding.
The expected learning outcomes will be verified by formulating three or more questions. Evaluation criteria and scores are determined according to the following scale:
less than 18/30 - insufficient level: the candidate does not reach any of the learning outcomes foreseen in the point "knowledge and understanding";
18-20/30 - sufficient level: the candidate achieves, in particular, the learning outcomes foreseen in the point "knowledge and understanding";
21-23/30 - fully sufficient level: the candidate achieves, in particular, the learning outcomes foreseen in the points "knowledge and understanding" and "applied knowledge and understanding";
24-26/30 - good level: the candidate achieves, in particular, the learning outcomes foreseen in the points "knowledge and understanding"; “applied knowledge and understanding” and “independent judgment”;
27-29/30 - very good level: the candidate achieves, in particular, the learning outcomes foreseen in the points "knowledge and understanding"; “applied knowledge and understanding”; “autonomy of judgement” and “communication skills”;
30-30 cum laude - excellent level: the candidate fully achieves the learning outcomes set out in the points "knowledge and understanding"; “applied knowledge and understanding”; “autonomy of judgement”; “communication skills” and “ability to learn”.
For those who follow the course, there will be an inter-course test focused on the topics covered in class until halfway through the course. Specifically, this test will consist in the solution of a concrete case drawn from the jurisprudential case law on the matter. The written test will take place in two hours; the correction of the documents will take place immediately after the conclusion of the test; then the results will be read out to the candidates in the classroom. To be admitted to the oral exam - which in this case will concern only the remaining part of the program - the student must demonstrate that he has achieved at least the learning outcomes set out in the "knowledge and understanding" point. The mark obtained in the written test will be averaged with that obtained in the oral test.
If the student does not pass the written test, he/she will be able to take the oral one which, in this case, will cover the whole program.