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European Banking Law
Professor Anna Jurkowska-Zeidler
Gdansk University, Faculty of Law
Description of the course
(main issues):
1. Introduction to EU Banking Law – Treaty
Freedoms in the Banking Sector
(Freedom of establishment and Freedom
to provide services)
2. Scope of Banking Regulation in the EU;
sectorial directives and regulations
3. Core Principles of the European Banking
Law; single license, mutual recognition,
home country supervision, home country
deposit guarantee scheme
Description of the course
(main issues):
4. The Notion of Credit Institution and its
Organisational Forms; license
requirements
5. The Fundamental Changes of the EU
Banking Regulation and Supervision
Architecture after the Crisis – from
Minimal Harmonization to the Federal
Financial Law
6. The New Role of European Central Bank:
Monetary Stability v. Financial Stability
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• Uniform Principles for the
Establishment and Functioning of
banks and credit institutions,
• Financial Safety Net: National Central
Bank, Banking Supervision, Bank
Deposit Guarantee Scheme
• European Banking Union
Description of the course
(main issues):
7. Law of the European Banking Union
and its institutional architecture
8. EU Single Regulation of bank activity
and prudential supervision – the Capital
Requirements Regulation (CRR), the
Capital Requirements Directive IV (CRD
IV), the Directive on the Recovery and
Resolution of credit institutions (BRRD)
and the Directive on Deposit Guarantee
Schemes (DGSD)
Description of the course
(main issues):
9. EU System of Banking Supervision
(European Banking Authority + Single
Supervisory Mechanism) and Rules for
Supervising the Credit Institutions;
10. EU System of Bank Resolution and
Bank Guarantee Schemes.
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Obligatory study material (literature)
• Financial regulation
and supervision : A
post-crisis analysis
Edited by Guido
Ferrarini, Klaus J.
Hopt, Eddy
Wymeersch: Oxford
University Press :
Obligatory study material (literature)
• Lastra, R.M.
International
Financial and
Monetary Law
Oxford University
Press, Oxford,
January 2015
(second edition of
Legal Foundations of
International
Monetary Stability)
Recommended course
literature:
• Oxford Handbook of Financial
Regulation / Edited by E. Ferran, N.
Moloney, and J. Payne, Oxford: Oxford
University Press, 2015
• E. Ferran, N. Moloney, The Regulatory
Aftermath of the Global Financial Crisis
(International Corporate Law and Financial
Market Regulation), Cambridge University
Press, 2012
• R. M. Lastra, Legal Foundations of
International Monetary Stability, Oxford
University Press 2006
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EU Banking Law. Treaty
http://eur-lex.europa.eu/
European Monetary Union
European Central Bank
European System of Central Banks
• CONSOLIDATED VERSION OF THE
TREATY ON THE FUNCTIONING OF THE
EUROPEAN UNION. OJ C 326, 26.10.2012
EU Banking Law.
Directives and Regulations
http://eur-lex.europa.eu/
• Directive 2013/36/EU of the European
Parliament and of the Council of 26 June 2013
on access to the activity of credit institutions
and the prudential supervision of credit
institutions and investment
firms
OJ L 176, 27.6.2013, p. 338–436
• Regulation (EU) No 575/2013 of the
European Parliament and of the Council of
26 June 2013 on prudential requirements for
credit institutions and investment firms
OJ L 176, 27.6.2013, p. 1–337
Evaluation
• written exam (single choice test)
• 10 questions
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Timetable of classes
7 November:
• Introduction to EU Banking Law
• The Law of the EU Single Financial Market
• Credit Institutions
8 November:
• Uniform Principles for the Establishment and
Supervising of banks and credit institutions
9 November Financial Safety Net: National
Central Bank, Banking Supervision, Bank
Resolution and Deposit Guarantee Scheme
Timetable of classes
10 November
EU Banking Union
Exam_Final test