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Banking Law

Programma a.a 2025/2026

Prof.ssa Irene Mecatti

LANGUAGE OF TEACHING

English

CONTENTS

The course is divided into two parts. The first deals with banks and banking. It will then highlight the differences between banks and other intermediaries such as payment institutions (IP), electronic money institutions (IMEL), financial intermediaries and the Italian Post Office. The second part will focus on the Banking Union. In this context, the Single Supervisory Mechanism (SSM) will be analysed. Afterwards, the Single Resolution Mechanism (SMR) will be considered, and thus the recovery plans, resolution early intervention measures, and then address resolution and its tools (write-down/bail-in, sale of business, bridge institution and bad bank). Depositors' guarantee schemes will be analysed next, and the third (and unimplemented) pillar of the banking union. In addition, the topic of state aid to banks in crisis will be dealt with starting with the Banking Communication of 2013. Finally, the recent proposed reform of the CMDI will be analysed.

REFERENCE TEXTS

Gorstos, The European Banking Regulation Handbook, Volume II: Substantive Aspects of European Banking Law and Regulation, Palgrave, 2025 Limited to Chapters 1, 2, 6(1)(2)(3), 7, 9(2)(4)(5), 10, 11.

LEARNING OBJECTIVES

The aim of the course is to educate the students of the rules of operation and crisis management of banks.

PREREQUISITES

Passing the exam of 'Istituzioni di diritto privato'.

TEACHING METHODS

Lectures and seminars

METHODS OF VERIFYING LEARNING

Learning is assessed through a final oral [or written] exam covering the entire programme. Students are evaluated based on their knowledge of the topics, clarity of expression, reasoning skills and mastery of legal language.

2030 AGENDA FOR SUSTAINABLE DEVELOPMENT GOALS

Yes.