EU Financial Services Law

Module Code

LA7025

ECTS weighting

10

Semester/term taught

2

Lecturer

Mr. Donald A. MacLean

This module is a survey of the primary principles in the regulation of financial service providers within the EU (and Ireland). We will look at past, current and future development of banking, securities, occupational pension and insurance regulation, such as:

  • rationale for, and impact of, regulation on the provision of financial services;
  • standardisation and harmonisation of law;
  • coordination and cooperation among Member States; and
  • comingling of sectors and resultant issues

with regards to the following subject matter:

  • Major Concepts — The Single Market; Freedom of Movement of Capital; Authorisation, Mutual Recognition, Risk and Risk Management; Capital Adequacy; Prudential Supervision; Recovery and Resolution, Misconduct and Accountability; and Consumer Protection
  • Regulation of EU Banking — Introduction to the Banking Directives/Regulations; the Single Supervisory Mechanism; the Single Resolution Mechanism
  • Regulation of EU Capital Markets — Introduction to the Securities, Derivatives and Collective Investment Scheme Directives/Regulations; Regulated Markets & Trading; Market Integrity; Market Abuse
  • Regulation of Pensions — Introduction to Occupational Pension Directives/Regulations; Pan-European Personal Pension Products, Portability
  • Regulation of Insurance — Introduction to Insurance Directives/Regulations
  • Cross-sectoral issues

Learning Outcomes:

On successful completion of this module, students should be able to:

  • Explain in general terms the major directives and regulations governing financial services in the European Union
  • Explain the principles behind authorization, regulation and enforcement related to financial services in Ireland and the EU
  • Explain the need for regulation to protect consumers/ investors, financial stability, and market integrity
  • Explain the EU and Irish approach to conduct regulation
  • Identify specific EU and Irish financial services' issues related to the European system of regulation of financial services
  • Assess the impact of regulation on financial services in the EU.

Assessment:

  • 30% Midterm Assignment
  • 70% Final Assignment

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