Banking and Financial Markets Law
Study Board of Law
Teaching language: English
EKA: B635002102
Censorship: Second examiner: None
Grading: 7-point grading scale
Offered in: Odense
Offered in: Summer school (autumn)
Level: Master
Course ID: B635002101
ECTS value: 10
Date of Approval: 18-02-2020
Duration: Intensive course
Course ID
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Teaching language
ECTS value
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Recommended prerequisites
Aim and purpose
The course provides students with an in-depth understanding of the legal issues that arise in banking regulation and law. The course aims to investigate the recent developments in banking law, with the new legislation put in place at international and EU level in the aftermath of the crisis.
Content
The course is divided into three sections with different subject areas that disentangle the rationales and main elements of financial regulation into three components: the “why”, the “who” and the “how”.
During the first section (the “why”), the reasons behind regulation and supervision of banks are dealt with. This section addresses the market failures associated with the banking sector (negative externalities, bank run, domino effect, bail out) from a law and economics perspective.
During the second section (the “who”), the financial regulatory system, with the regulatory authorities and supervisory functions at the national level, at the European Union (EU) level as well as at the global level are identified and explained.
During the third section (the “how”), focus is on substantive banking regulation. During this section, the regulation of payment and settlement systems, capital and liquidity controls, supervision of banks as well as bank insolvency and resolution is covered.
The course ends by providing “glimpses” of Financial Technology (FinTech) and Money Law. By building on the knowledge gained through the course, this part aims to display and examine how financial technology is impacting traditional finance and business transactions. Topics i.e. BitCoin, peer-to-peer lending, blockchain technology, ICOs, will be dealt with.
Description of outcome - Knowledge
The objective of the course is that students have knowledge about:
- the main reforms that unfolded after the financial crisis
- differences sources of banking law.
- of the supervisory practices at national and European and international level
- the main regulatory strategies applied to banking and finance
- the regulatory bodies function (BIS; FSB; EBA; …)
Description of outcome - Skills
The objective of the course is that students develop the skills to:
- Analyse different sources of banking law
- analyse of the main regulatory strategies applied to banking and finance
- understand and explain the criticisms and issues of banking and financial law
- can discuss the interaction between European and international developments and economic public law and can take into consideration the international and societal context of economic public law in analysing this legal area
Description of outcome - Competences
The objective of the course is that students develop competences to:
- appraise complex circumstances and their legal consequences.
- balance the different interests concerning banking and financial law.
- to express themselves using the legal terms properly
Literature
The extent of the literature is expected to be approximately 500-750 pages.
The course elaborates upon the following textbook:
Matteo De Poli, Fundamentals of European Banking Law, Wolters Kluwer, 2018
Additional learning material (case-law, …) will be provided on BlackBoard
Teaching Method
The teaching consists of interactive lectures, seminars, exercises and assignments. Homework and independent studies are a necessary complement to the course.
Workload
Scheduled classes:
Workload:
The course is taught as a summer school in August. Classes are scheduled for 5 hours on 6 days.
Workload:
1 ECTS is equivalent to 27 working hours. An estimated retail distribution of the workload of an average student can be:
Lectures: 30 hours.
Preparation for lectures: 190 hours.
Preparation for exams: 46 hours.
Exam: 4 hours.
Total: 270.
Examination regulations
Exam
Name
Exam
Timing
Exam: August.
Reexam: September.
Tests
Written exam
Name
Written exam
Form of examination
Written examination on premises
Censorship
Second examiner: None
Grading
7-point grading scale
Identification
Student Identification Card - Exam number
Language
English
Duration
4 hours written exam.
Examination aids
All exam aids allowed. No contact with other students
Assignment handover
In the examination room.
Assignment handin
Hand in via Digital Exam.
ECTS value
10
Additional information
Examination form may be altered for the reexamination, eg. from written to oral examination.
EKA
B635002102
External comment
This is a cross-faculty course with a weight of 5 ECTS within Law and 5 ECTS within Business Administration.