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| DROI2335-1 | Financial Law
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| Duration : | 30h Th |
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| Number of credits : |
| 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 Interuniversity Mobility, 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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| Lecturer : | Philippe-Emmanuel Partsch |
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Language(s) of instruction :
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| French language |
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Organisation and examination :
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| Teaching in the second semester |
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Course contents :
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| Financial law (european banking and financial law)
The overview of the course is as follows:
Introduction
International framework
European 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, 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)
d. Regulation concerning the financial operations.
e. Regulation concerning regulators |
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Learning outcomes of the course :
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| -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. |
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Prerequisites and co-requisites/ Recommended optional programme components :
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| none. |
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Planned learning activities and teaching methods :
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Mode of delivery (face-to-face ; distance-learning) :
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| 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.
Revision course: none |
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Recommended or required readings :
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| The lecturer has published a book of European financial law (Droit bancaire et financier européen, Larcier, 2009), of which a certain number of chapters will be put at the disposal of the students. A second edition is in progress. 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:
- EC Securities Regulation, N. MOLONEY, Oxford EC Law Library, 2nd edition, 2008;
- Droit bancaire et financier européen, Ph.-E. PARTSCH, Larcier, 2009;
-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; |
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Assessment methods and criteria :
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| 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. |
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Work placement(s) :
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Organizational remarks :
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| The course is held every odd year (2013-2014, 2015-2016...). |
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Contacts :
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| Philippe-Emmanuel Partsch,
Law firm Arendt & Medernach, 14, rue Erasme, L-2082 Luxembourg
00352 40 78 78 544
E-mail: philippe-emmanuel.partsch@arendt.com |
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