Duration
36h Th
Number of credits
Lecturer
Language(s) of instruction
French language
Organisation and examination
Teaching in the second semester
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
The course is held every odd year (2019-2020, 2021-2022...).
Financial law (european banking and financial law)
The overview of the course is as follows:
Introduction : Fundamental concepts of finance
1. General (Internal market, economic and monetary union) - International framework. The major stages in European banking and finance law.
2.Secondary law
a.Regulation concerning the subject of the financial activity (currency, financial and monetary instruments)
b. Regulation as regards the financial intermediaries (credit institutions, payment establishments, investment firms, undertakings for collective investment and their managers, professional retirement institutions and insurance undertakings)
c.Regulation concerning the structures (financial markets, clearing and settlement systems, payment systems, insider dealing and other market abuses,...)
d. Regulation concerning the financial operations (fight against money laundering, competion law applied to the finance sector, consumer protection, private international law, criminal law,...)
e. Regulation concerning regulators
Learning outcomes of the learning unit
-To familiarize the students with the main outlines of the european legal banking and financial framework;
-To enable them to apply and to combine a series of legal frameworks (especially the institutional law and the European material law,) to a sector subject to more comprehensive european law rules ;
-To make them aware of the importance of the (international) finance in the contemporary life and of the implications for society regarding legislative preferences;
- To give them tools, where appropriate, to find a job in the financial sector and even carve out a successful career, as proven by the success of several former students
- provide an overview of recent and future trends in banking and financial law, with an emphasis on topical subjects (e.g. sustainable finance, financing the energy transition, socially responsible finance, Brexit, etc.)
Prerequisite knowledge and skills
none.
Planned learning activities and teaching methods
Mode of delivery (face to face, distance learning, hybrid learning)
Teaching will be mainly ex cathedra even if it will be completed by seminars of practical exercises, consisting in discussions of cases given in the precedent courses.
The ex cathedra teaching will be organised partly in tandem with practitioners of banking and finance in Belgium, Luxembourg, France and the Netherlands, some of which have been trained at the ULG or have followed the course of financial law.
Practice : One practice session - questions and answers and even case studies
Recommended or required readings
Course notes taken from the handbook of European financial law (Droit bancaire et financier européen, Larcier, 2009) - the first volume of the second edition was published in 2016 - will be submitted to "Point de vue" for reprinting in the month when the course starts (January-February 2020). Documentation (principally the texts of the secondary law) will also be put at disposal for reproduction at "Point de vue" in the second semester.
The students who wish right now to have more information about this subject can have a look on the following books and contributions:
- European and international banking and financial regulations, Bruylant 2016, 3rd edition
- EC Securities Regulation, N. MOLONEY, Oxford EC Law Library, 2nd edition, 2008; - Droit bancaire et financier européen, Ph.-E. PARTSCH, Larcier, 2009; -Droit bancaire et financier européen, 2nd edition, Ph-E. PARTSCH, Larcier, 2016. - Droit bancaire européen, B. SOUSI-ROUBI, Dalloz, 1995; -Droit des marchés financiers, H. de VAUPLANE et J.- P. BORNET, Litec, 1998;
- Droit bancaire, Th. BONNEAU, Lextenso Editions, 10ème édition, 2013; -Articles 56-60 CE, Ph.- E. PARTSCH, Commentaire article par article des traités UE et CE, 2ème édition, sous la direction d'I. PINGEL, 2010;
-The Law of Money and Financial Services in the European Community, J. USHER, 2E éd., Oxford EC Law Library, 2nd Edition, 2008; - A Practicioner's Guide to EU Financial Services Directives, Freshfield Buckhaus Deringer, City and Financial Publishing, 2003;
- Journal of jurisprudence and certain regulations published in various banking and financial and/or European law reviews.
Exam(s) in session
Any session
- In-person
written exam ( open-ended questions ) AND oral exam
Additional information:
In the 1st session : oral or written examination depending on the student's choice. The oral examination will start with the preparation of one or more practical cases and will be followed by questions of knowledge or comprehension concerning subjects developped during the course. The written examination is normally limited to 2 practical cases or one case study and a more theoretical question.
In the second session, the exam will be written.
Work placement(s)
not compulsory - however it is possible to do a placement in the lecturer's law firm or even in his department in this firm, depending on availability
Organisational remarks and main changes to the course
The course is held every odd year (2019-2020, 2021-2022...).
Contacts
Philippe-Emmanuel Partsch,
Law firm Arendt & Medernach, 41 a, avenue J.F. Kennedy, L-2082 Luxembourg
00352 40 78 78 544
E-mail: philippe-emmanuel.partsch@arendt.com