Anno accademico 2016/2017 Programmi anni precedenti
Codice insegnamento EM5024 (AF:234261 AR:121544)
Modalità Convenzionale
Crediti formativi universitari 6
Livello laurea Laurea magistrale (DM270)
Settore scientifico disciplinare IUS/05
Periodo 3° Periodo
Anno corso 1
Obiettivi Formativi
The aim of the course is to provide the students with a thorough knowledge of EU financial regulation and methodology. The course will focus on selected legal problems, important academic debates and case law in these areas following the recent banking and sovereign debt crisis from a constitutional law perspective.
No prior knowledge about EU law or Financial law is required.
The course covers three core areas, namely: a) The regulation of financial institutions in the internal market, b) Economic governance in the Economic and Monetary Union (EMU), and finally c) The European Banking Union.
Testi di riferimento
How to approach EU financial regulation as lawyers?
- Niels Skovmand Rasmussen: Conceptualizing the EU in Dogmatic Legal Research: How to deal with Differentiated Integration after Pringle? (suggested reading)

The implications of the economic crisis and the EU regulatory response.
- Larosiere Report (suggested reading)
- Towards a genuine Economic and Monetary Union

Freedom of establishment and to provide services
- Paul Craig & Gráinne de Búrca: EU law – Text, cases, and Materials, 6. ed. Oxford, chapter 22 (or similar EU law text book)

Indirect supervision
- Pierre Schammo: EU Day-to-Day Supervision or Intervention-Based Supervision: Which Way Forward for the European System of Financial Supervision in Oxford Journal of Legal Studies vol. 32 (2012) no. 4.
- SV Capital OÜ v. European Banking Authority (EBA C/2013/002)

Direct supervision
- Nina Dietz Legind & Camilla Hørby Jensen: The European Regulation of Credit Rating Agencies in Law in Context: A socio-legal journal, vol. 30 (2014).

Meroni doctrine
- Gianni Lo Schiavo: A Judicial Re-Thinking on the Delegation of Powers to European Agencies under EU law? Comment on Case C-270/12 UK v. Council and Parliament in German Law Journal, vol. 16 (2015) no. 2.
- C-270/12, ESMA

Guidelines and recommendations
- Marloes van Rijsbergen: On the Enforceability of EU Agencies' Soft Law at the National Level: The Case of the European Securities and Markets Authority in Utrecht Law Review, vol. 10 (2014) no. 5.

General perspectives
- Based on the articles from the present topic

Free movement of capital and Economic and Monetary Union
- Paul Craig & Gráinne de Búrca: EU law – Text, cases, and Materials, 6. ed., Oxford, chapter 20 (or similar EU law text book)

The divide between monetary policy and economic policy (1 of 2)
- Samuli Miettinen And Merita Kettunen: Travaux to the EU Treaties: Preparatory Work as a Source of EU Law in Cambridge Yearbook of European Legal Studies, vol. 17 (2015) no 1.
- C-370/12, Pringle

The divide between monetary policy and economic policy (2 of 2)
- Federico Fabbrini: After the OMT Case: The Supremacy of EU Law as the Guarantee of the Equality of the Member States in German Law Journal, vol. 16 (2015) no. 4.
- C-62/14, Gauweiler

The right to an effective legal remedy
- Anastasia Karatzia: Cypriot Depositors before the Court of Justice of the European Union: Knocking on the Wrong Door in King's Law Journal, vol. 26 (2015) no. 2.
- Cases C‑8/15 P, C‑9/15 P and C‑10/15 P, Ledra Advertising

EU Economic Governance
- Alexandre De Streel: The Evolution of The EU Economic Governance since the Treaty of Maastricht: An Unfinished Task in Maastricht Journal of European and Comparative Law, vol. 20 (2013) no. 3.

General perspectives
- Based on the articles from the present topic

Introduction to The European Banking Union
- Bodil Nielsen: Features of the European Banking Union in European Business Law Review, vol. 26 (2015) no. 6.

The Single Supervisory Mechanism (SSM)
- Eilis Ferran & Valia SG Babis: The European Single Supervisory Mechanism in Journal of Corporate Law Studies, vol. 13 (2013) no. 2.

The Single Resolution Mechanism (SRM)
- Andromachi Georgosoul: Regulatory incentive realignment and the EU framework of bank resolution in Brooklyn Journal of Corporate, Financial & Commercial Law, vol. 10 (2016) no. 2.

European Deposit Insurance Scheme (EDIS)
- Veerle Colaert: Deposit Guarantee Schemes in Europe: Is the Banking Union in Need of a Third Pillar in European Company and Financial Law Review (ECFR), vol. 12 (2015) no. 3.
Modalità di esame
Modalità di verifica dell'apprendimento
The exam is based on a written essay with a general theme and a number of questions.
Metodi didattici
- Presentations by the lecturer where the context of and the relationship between the academic articles are explained,
- Tasks and questions to the students providing them with the opportunity to reflect on the subject matter, and
- Discussions of court cases in plenum.
Lingua di insegnamento