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| DROI2335-1 | Financial Law
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| Duration : | 30h Th |
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| Credits/ECTS : |
| "licencié" in law, 3rd year | | Deuxième quadrimestre | | 4 |
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| Master in Law, Professional Focus in Business Law, 1st year | | | | 6 |
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| Master in Law, Professional Focus in Business Law, 2nd year | | | | 6 |
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| Master in Law, Professional Focus in Public and Administrative Law, 1st year | | | | 6 |
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| Master in Law, Professional Focus in Private Law, 1st year | | | | 6 |
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| Master in Law, Professional focus in Criminal Law, 1st year | | | | 6 |
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| Master in Law, Professional Focus in Labour Law, 1st year | | | | 6 |
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| Holder(s) : | Philippe‑Emmanuel Partsch |
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| Language : | Langue française |
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| Course contents : | The overview of the course is as follows:
Introduction
International framework
Community legislation
1. General
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, investment firms, undertakings for collective investment, professional retirement institutions and insurance companies)
c.Regulation concerning the structures (financial markets, clearing and settlement systems, payment systems)
d. Regulation concerning the financial operations. |
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| Course objective : | -To familiarize the students with the main outlines of the legal international and mainly community framework in which the financial activity takes place;
-To enable them to apply and to combine a series of legal frameworks (especially the institutional law and the European material law, the private international law and the commercial law) to a sector which is particularly receptive to great modern changes like the globalization of the economy, to the telecommunications and to the dematerialization;
-To give them bench marks and a methodology to approach the community secondary law, which is often changing and scattered;
-To make them aware of the importance of the (international) finance in the contemporary life and of the implications for society preferences of one organization to another. |
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| Prerequisites : | NO |
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| Organization : | 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.
Revision course: none |
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| Written notes : | The lecturer is working on a book of European financial law, of which, depending on the progress of the work, a certain number of chapters will be putat the disposal of the students. Moreover, documentation (principally the texts of the secondary law) will 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 sibject can have a look on the following books and contributions:
-Droit bancaire européen, B. SOUSI-ROUBI, Dalloz, 1995;
-Droit des marchés financiers, H. de VAUPLANE et J.-P. BORNET, Litec, 2001;
-Articles 56-60 CE, Ph.-E. PARTSCH, Comments aticle by article of the EU and EC treaties, under the direction of Ph. lEGER, pp.478-527, Helbing & Lichtenhahn, Dalloz, Bruylant, 2000;
-The Law of Money and Financial Services in the European Community, J. USHER, 2E éd., Oxford EC Law LIBRARY,2000;
-A Practicioner's Guide to EU Financial Servies Directives, Freshfield Buckhaus Deringer, City and Financial Publishing,2003;
-EC SecuritiesRegulation, N. MOLONEY, Oxford EC LawLIbrary, 2002. |
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| Assessment : | Oral examination. This 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. |
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| Contacts : | Philippe-Emmanuel Partsch,
Law firm Arendt-Medernach, 14, rue Erasme, BP 39, L-2010 Luxembourg,
00352 40 78 78 544
E-mail: philippe-emmanuel.partsch@arendt-medernach.com |
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