BANKING LEGISLATION-2

The course is a core educational activity in the Master's Degree in Economics and Finance.
The course aims to provide an overview of the foundations of the banking regulatory regime and banking activity. The course is specifically focused on the recent developments of the composite regulatory order, in light of the establishment of the European Banking Union; in its second part, it is aimed at examining specifically banking supervision, banking groups and crisis management.

1. Knowledge and understanding
1.1 Learning how the law-making process in banking and finance works, at national, European and international level.
1.2 Learning the rules governing the banking business and the law applying to banking groups.
1.3 Learning and understanding the supervisory practices and how banking supervision works, in all its different aspects.
1.4 Learning the set of tools designed to manage the crisis of a bank.

2. Applied skills of knowledge and understanding
2.1 Ability to interpret and apply banking law, in particular with regard to licensing, allowed activities, ownership, management requirement.
2.2 Understanding the specifities of the law of cooperative banks.
2.3 Ability to interpret and apply the rules relating to banking supervision and banking groups.
2.4 Ability to analyse the set of rules governing the banking crisis management.
2.5 Ability to contextualize the rules of conduct relating to banking, also in light of the codes of ethic.

3. Evaluation
3.1 Ability to interpret the law and the secondary legislation.
3.2 Ability to analyse the regulatory implications stemming from the different types of banking business.
3.3 Ability to identify the balance between entrepreneurial autonomy and public goals.
3.4 Ability to examine the legal implications of business choices relating governance and strategic goals.

4. Communication skills
4.1 Ability to communicate the characteristics of the banking law, using the proper terminology.
4.2 Ability to engage in a critical analsys during the assessment test.

Students are expected to know the contents of the courses of Business/Commercial (and Economic) Law I and II and Banking Law.

1. Introduction on historical evolution of Italian banking legislation. - 2. The Credit Authorities. The Banking Union. - 3. Banking market and financial market: activities and enterprises. - 4. The entry in the banking market. - 5. Banking ownership. - 6. Company representatives. - 7. Banking organisation and activity: special elements. - 8. Banking supervision. - 9. Banking antitrust rules. - 10. Banking groups and consolidated supervision. - 11. Banking crisis management legislation.

Lectures will be integrated with some seminars provided by experts of banking legislation and by officers of credit institutions.

CAPRIGLIONE (ed.), Manuale di diritto bancario e finanziario, 3rd edit., Milan, Wolters Kluwer/Cedam, 2024, the pages indicated under "Assessment methods"; as alternative, BRESCIA MORRA, Il diritto delle banche, 4th edit., Bologna, Il Mulino, 2025, the pages indicated under "Assessment methods".

Additional material (secondary legislation, literature, case-law, ecc.) will be uploaded on the Moodle platform.

The secondary legislation - frequently referred to during the lectures and in the textbooks - are available on the website www.bancaditalia.it.

The assessment method amounts to a final oral examination. This test aims to appraise the knowledge and understanding of the topics covered by the course, the ability to expose them and the capacity to use the relevant legal sources.

At the end of the first module, students may take an intermediate oral exam covering topics as per points 1 to 7 of the programme. Consequently, preparation could be based on the following pages of the two suggested textbooks:
- CAPRIGLIONE (ed.), Manuale di diritto bancario e finanziario, 3rd edit., Milan, Wolters Kluwer/Cedam, 2024, pp. 3-56, 62-75, 87-98, 107-125, 127-144, 149-160, 205-239, 383-414, 423-436;
- BRESCIA MORRA, Il diritto delle banche, 4th edit., Bologna, Il Mulino, 2025, pp. 21-53, 56-81, 83-84, 88, 113-140, 167-203, 205-225, 227-231.

Students who passed such an intermediate test may decide to complete the exam on the remaining part of the program (covering topics as per points 8 to 11 of the programme), at the first or second exam of the winter session only. Also in this case, the assessment method is an oral exam. Consequently, preparation could be based on the following pages of the two suggested textbooks
- CAPRIGLIONE (ed.), Manuale di diritto bancario e finanziario, 3rd edit., Milan, Wolters Kluwer/Cedam, 2024, pp. 144-149, 160-185, 415-421, 499-524, 525-566 (per le sole parti relative alle banche);
- BRESCIA MORRA, Il diritto delle banche, 4th ed., Bologna, Il Mulino, 2025, pp. 141-167, 225-227, 231-271, 284-336.
It is warmly recommended to supplement the textbook with the lectures' notes, in particular with reference to the technical supervisory rules and standards.

Those who did not pass the intermediate test, would have to take the exam in the following sessions, always in oral form and on the entire course programme.

oral

Regarding grade grading (mode by which grades will be assigned), regardless of attending or non-attending mode:
A. scores in the 18-22 range will be awarded in the presence of:
- sufficient knowledge and applied comprehension skills with reference to the syllabus;
- limited ability to collect and/or interpret data, making independent judgments;
- sufficient communication skills, especially in relation to the use of specific language pertaining to banking regulations;
B. scores in the 23-26 range will be awarded in the presence of:
- fair knowledge and applied comprehension skills with reference to the syllabus;
- discrete ability to collect and/or interpret data, making independent judgments;
- discrete communication skills, especially in relation to the use of specific language pertaining to banking regulations;
C. scores in the 27-30 range will be awarded in the presence of:
- good or excellent knowledge and applied comprehension skills with reference to the syllabus;
- good or excellent ability to collect and/or interpret data, making independent judgments;
- fully appropriate communication skills, especially in relation to the use of specific language pertaining to banking regulations.
D. honors will be awarded in the presence of knowledge and applied understanding with reference to the syllabus, judgment and communication skills, excellent.

Frontal lecturing and teacher-students interaction.

For those who did not take the course “Diritto Bancario” (which, along with “Diritto commerciale” is instrumental to study banking law), the following reading is highly recommended:
CAPRIGLIONE (ed.), Manuale di diritto bancario e finanziario, 3rd edit., Milan, Wolters Kluwer/Cedam, 2024, pp. 619-640 and pp. 601-617.

The course is in cooperation with Federazione Veneta delle Banche di Credito Cooperativo.

Accessibility, Disability and Inclusion
Accommodation and support services for students with disabilities and students with specific learning impairments

Ca' Foscari abides by Italian Law (Law 17/1999; Law 170/2010) regarding support services and accommodation available to students with disabilities. This includes students with mobility, visual, hearing and other disabilities (Law 17/1999), and specific learning impairments (Law 170/2010). If you have a disability or impairment that requires accommodations (i.e., alternate testing, readers, note takers or interpreters) please contact the Disability and Accessibility Offices in Student Services: disabilita@unive.it.

This subject deals with topics related to the macro-area "International cooperation" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development