BANKING LEGISLATION-1

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.

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.
1.3 Learning and understanding the supervisory practices.

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 apply conduct rules, also deriving from 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.

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.

1. Banking supervision. - 2. Banking antitrust rules. - 3. Banking groups and consolidated supervision. - 4. 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 ed., Padova, Wolters Kluwer/Cedam, 2024, pp. 3-56, 62-75, 87-98, 107-125, 127-144, 149-160, 205-239, 383-414, 423-436; or BRESCIA MORRA, Il diritto delle banche, 4th ed., Bologna, Il Mulino, 2025, pp. 21-53, 56-81, 83-84, 88, 113-140, 167-203, 205-225, 227-231.

Additional learning material (such as doctrine articles, judgements, etc.) will be posted on Moodle platform.


CAPRIGLIONE (ed.), Manuale di diritto bancario e finanziario, 3rd ed., Padova, Wolters Kluwer/Cedam, 2024, pp. 144-149, 160-185, 415-421, 499-524, 525-566; or BRESCIA MORRA, Il diritto delle banche, 4th ed., Bologna, Il Mulino, 2025, pp. 141-167, 225-227, 231-271, 284-336.

Additional learning material (such as articles, case-law, etc.) will be posted on Moodle platform.

The secondary legislation produced by the Bank of Italy is also available on www.bancaditalia.it.

The final exam consists exclusively in an oral test in order to verify the knowledge and comprehension of the course contents, the proper reporting of them and the ability of consulting legal texts.

At the end of the third period, the students will be able to take an examination covering the following parts of the program:
- Handbook Iudica- Zatti, Linguaggio e regole del diritto privato, dal capitolo 1 al capitolo 15 compreso (con esclusione del cap. 13 par. 2 e 3) e il capitolo 38.
- Handbook Paradiso, Corso di istituzioni di diritto privato: dal capitolo 1 al capitolo 19 compreso (con esclusione del cap. 17, par. 4-5-6) e i capitoli 43-44-45.
This midterm will be held in oral form only.
The student who has passed the oral intermediate test may decide to complete the exam, on the remaining part of the program, at the first or second call of the summer session only. This second exam will be held only in oral form.
The student who does not pass the intermediate oral exam will have to take the exam in the following calls, in written and oral form, on the whole program, as per ordinary mode.

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, Padova, Cedam, 2019, pp. 547-570 and pp. 527-540.

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.