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 ratio of some recent events affecting the banking-financial sector.
The learning objectives of the course can be defined as follows:
- Knowledge and understanding:
the student will have to know the fundamental rules of economic law, of the competition rules regarding the limitation of aid by individual states to the banking sector. It must also be able to understand the purposes of the actions taken in 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 in banking and finance.
- Autonomy of judgment:
the student must be able to acquire interpretative skills, case analysis and qualification of the relationship between facts of reality and legal case in point, in order to be able to identify, represent and solve the problems related 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 and related to the topics covered during the course.
- Learning ability:
the student must be able to deepen their knowledge on bibliographic references relevant and relevant to the field under study. 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 standardization and of the relevant constitutional principles. 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.
Block II (24 hours):
Analysis of the evolution of public control over banks and in-depth analysis of the definition and qualification of banking and investment services and activities. Collective management of savings and mutual funds. Analysis of the regulation of banking crises and the role played by the sector Authorities. In-depth study of the relevant regulatory framework 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 study topics. After a first part of the course based mainly on conventional lessons, 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 to stimulate students to learn the subject because it allows them to apply theoretical knowledge to factual reality. In particular, the study of case law makes it possible to verify the application of the acquired knowledge and, in this way, stimulates the curiosity of students towards the subject.
- AA.VV., Manuale di diritto bancario e finanziario, a cura di F. Capriglione, CEDAM, 2019, Ch. I, Ch. II, Ch. IV, Ch. V, Ch. VII, Ch. VIII, Ch. X, Ch. XI, Ch. XII, Ch. XIII, Ch. XVII, Ch. XVIII, Ch. XXI, Ch. XXII, Ch. XXV, Ch. XXVI.
- AA.VV., COVID-19. Emergenza sanitaria ed economica. Rimedi e prospettive, a cura di D. ROSSANO, Cacucci editore, 2020.
Verification of learning is based on an oral test.
The oral interview method allows to evaluate in the most complete way, as well as the student's communicative ability, 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 through the formulation of three or more questions. The evaluation criteria and scores are determined according to the following scale:
less than 18/30 - insufficient level: the candidate does not achieve any of the learning outcomes indicated in the point "knowledge and understanding";
18-20 / 30 - sufficient level: the candidate reaches, in particular, the learning outcomes indicated in the point "knowledge and understanding";
21-23 / 30 - fully sufficient level: the candidate reaches, in particular, the learning outcomes envisaged in the points "knowledge and understanding" and "applied knowledge and understanding";
24-26 / 30 - good level: the candidate reaches, in particular, the learning outcomes indicated in the points "knowledge and understanding"; "Applied knowledge and understanding" and "independent judgment";
27-29 / 30 - very good level: the candidate reaches, in particular, the learning outcomes indicated in the points "knowledge and understanding"; "Applied knowledge and understanding"; "Autonomy of judgment" and "communication skills";
30-30 cum laude - excellent level: the candidate fully achieves the learning outcomes indicated in the points "knowledge and understanding"; "Applied knowledge and understanding"; "Autonomy of judgment"; "Communication skills" and "ability to learn".
For those who will follow the course, there will be a test centered on the topics covered in class up to the middle of the course. Specifically, this test will consist in the solution of a concrete case drawn from case law on the subject. 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 in the classroom to the candidates. To be admitted to the oral exam - which in this case will focus only on the remainder of the program - the student must demonstrate that they have achieved at least the learning outcomes provided for in the "knowledge and understanding" point. The grade obtained in the written test will average with that obtained in the oral test.
If the student does not pass the written test, he will be able to take the oral one which will, in this case, cover the whole program.