Banking and Financial Law Manual

Following the events that, in the last five years, have characterized the economic and financial reality of our country, the credit system it is exposed to multiple critical issues that reflect a relational context marked by significant contrasts in the relationship between society, economy and politics, which becomes the basis for frequent tensions and potential disagreements, due to the geopolitical changes that are found at an international level.

Hence the perceived need to proceed with a re-reading of the regulatory complex that governs the exercise of banking activity. and financial , since the need to seek interpretative solutions to the special legislation has become unavoidable.

The new edition of the «Manual» offers a complete institutional legal framework of the financial sector , in which at present the traditional mechanisms of special regulation appear, in some ways, less convincing than in the past. Consequently, the assessments formulated in the volume - in designing the institutional framework of the financial sector (i.e. top management structure, supervisory system, subjects, activities, markets) - aim to verify the effects of the innovations brought about by special regulation on the efficiency of the financial industry. In this way, the positive outcomes of the regulatory evolution are highlighted and, at the same time, the shortcomings that still remain in the same, allowing for an action that, at times, is not very compliant with behavioral lines based on the 'must be'.

In the work, more space is dedicated, compared to the past, to the innovative scope of the European regulation , which is today particularly attentive to making socio-political choices related to the need to recognise, in the performance of financial activity, growing attention to the achievement of the 'common well-being'; hence the proposition of an evolutionary dynamic that allows the concrete realisation of the opportunities represented in the Green Deal .

In this way, the 'new face' of the Union is underlined which, after the sad experiences of the aforementioned crises, seems at present more respectful of values ​​in the aim of transforming the EU into a modern economy, which has regard to an ordering scheme centred on ' stability ' (intended as an indicator of a project innovation which aims at a technological and industrial development respectful of nature).

In this context, particular attention is dedicated to the new challenges that will have to be faced by the top authorities of the financial system following the affirmation of operational processes connected to the use of computer automation in the exercise of financial activity and, in particular, the introduction of the digital euro .

This has made possible a discussion that extends from the framing of the 'top architecture' of the financial system , to the specification of the subjective banking typology, to the disciplinary criteria of ' financial contracting ', as well as to the regulation of ' payment systems ' and ' issuers '; a systemic framework that is completed with an exhaustive analysis of the market discipline and with the representation of the elements that characterize the phenomenology called ' FinTech '.