Study-Unit Description

Study-Unit Description


CODE ECL5101

 
TITLE EU Financial Services Law

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 5

 
DEPARTMENT European and Comparative Law

 
DESCRIPTION This study-unit strives to provide students with a firm grounding in the subject, by reference in particular to the relevant Treaty provisions and the principal case-law of the Court of Justice of the Union and the harmonizing Directives. Lectures also focus on current developments. Topics include, inter alia, banking directives, own funds, solvency ratio and large exposures of credit institutions, securities regulation, market abuse including insider dealing and market manipulation, the regulation of collective investment undertakings (UCITS) and regulation of investment services.

Study-Unit Aims:

This study-unit aims to provide students with a strong understanding of financial services legislation within an EU context. The study-unit provides students with the tools to understand and learn about the evolution and market structures that are of direct concern to European financial services in the context of the single market. This includes the legal implications of operating in Malta. Therefore, this unit aims to expose students to the legislative backdrop for the application of EU Treaties and the implementation of European Financial Services Law within a local and European context. Furthermore, through this unit students will be able to familiarize themselves with the application of the relevant treaty provisions of the Court of Justice of the Union with regards to the freedom to provide financial services and to the relevant freedom of establishment within the European Union.

Ultimately this unit aims to provide students with a strong basis for advanced academic work, including the ability to advance their knowledge and understanding in related legal spheres. The unit aims to support students knowledge so that they may be able to take up professional practice in a related field or to undertake further advanced academic work in the area of EU financial services law, as well as to move into related spheres of work, including governmental or regulatory bodies.

Learning Outcomes:

1. Knowledge & Understanding
By the end of the study-unit the student will be able to:

- comprehend the evolutionary process leading to the set-up of EU wide financial services in the context of gradual legislative development;
- develop a deeper knowledge and understanding of EU financial services regulations and policies;
- interpret the implications of EU regulations and policies on Member States’ laws and policies;
- analyze case-law of the European Court of Justice with regards to cases associated with EU taxation and financial services.

2. Skills
By the end of the study-unit the student will be able to:

- utilize acquired knowledge and understanding in researching his/her dissertation;
- assume professional practice in the field of taxation and financial services;
- work in legal and accounting firms, as well as in governmental and regulatory bodies.

Main Text/s and any supplementary readings:

Main Texts:
- Morgan, G., and D. Knights. (2014) ‘Regulation and Deregulation in European Financial Services’, Palgrave: Macmillan.
- Moffatt, P. (2018) ‘Financial Services Law’, Edited by George Walker and Robert Purves, 4th Edition, OUP, Oxford.

Supplementary Readings:
- Ferrarini, G. (1998), ‘European Securities Markets’, Kluwer Law International.
- Moloney, N. (2002) ‘EC Securities Regulation’, Oxford, Oxford University Press.
- Ferran, E. (2004) ‘Building an EU Securities Market’, Cambridge University Press.
- Grote, R., and T. Marauhn, (2006) ‘The Regulation of International Financial Markets – Perspectives for Reform’, Cambridge University Press.

NB: There will be detailed reading-lists given out and indicated for each seminar.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM1 Yes 100%

 
LECTURER/S Christopher Peter Buttigieg

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit