87503 - THE LAW AND ECONOMICS OF STATE AIDS

Learning outcomes

The course aims to provide students with a comprehensive understanding to the EU law of State aids in the financial sector, covering the relevant legal framework, case law, and the fundamental issues shaping EU State aid policy. Starting from a comprehensive presentation of State aid policy, its origin and evolution in the European Union, the course will dwell on practical aspects such as procedures for notification to the European Commission, and enforcement in the European Court and national courts. Most importantly, the course will offer an in-depth analysis of the Communication on state aids in the banking sector of 2013, of its application (measured against previous practice) and of the ensuing case law, as well as its relationship with further legislative developments in the field of bank resolution.

Course contents

1. The General Rules on State Aids

Introduction to State Aid Law and Policy

Definition of State Aid

Compatibility of Aid: the general principles

International Agreements

2. Specific types of Aid

The General Block Exemption Regulation

Regional Aid

SME and Risk Finance Aid

Research, Development and Innovation

Financial Services

3. Focus on State Aid in the Banking Sector

The special nature of banks and its challenges for competition policy

Competition, stability and moral hazard: the tension between financial regulation and State aid control

State aid to banking: application of the market economy investor principle

The States’ toolkit for rescuing banks in difficulty

Readings/Bibliography

K. Bacon QC, European Union Law of State Aid, 2017, Oxford (Part I: n. 1, 2, 3, 4; Part II: n. 5, 6, 7, 16).

Other recommended readings might be given and suggested to students during the course.

Teaching methods

Frontal lectures and discussion and participation of the class.

Organization of seminars with experts focusing on a specific topic of the course.

Assessment methods

Students attending lectures

Attendance:

Attendance will be checked ad the beginning of every lesson.

Attendance must be at least 70% of the whole 30 hours course.

In case of attendance imopssibility, students are required to discuss the issue in advance with prof. C. Golino.

Assessment methods:

1. Team working paper of no more than 2000 words for each team member (footnotes and bibliography excluded). The issues of the paper will be decided during lessons and will consist on analysis of State Aid cases. The last 3 lectures will be dedicated to the PPT presentation of the draft of the paper. The deadline to hand in the paper will be agreed together during the first lesson.

2. Written exam consisting in 1 open question on the textbook. Students are given 1 hour to complete the question.

The final grade will be based upon:

70% PPT presentation+written paper

30% final exam

Students NOT attending lectures

Assessment methods:

Written exam consisting in 3 open questions on the textbook requiring depth answers. Students are given 2 hours to complete the questions.

Teaching tools

PPT presentations, textbook, other reading suggested by the teacher.

Office hours

See the website of Claudia Golino