L'integrazione di diritto privato e diritto pubblico nella tutela del cliente bancario

Over the past thirty years, the Italian Banking Law Act (Testo Unico Bancario) has been amended to reflect the growing influence of the European Union on the Italian legal system, leading to the formation of a «regulatory private law». This law aims to create an internal market and protect consumers, intertwining with public regulation. In competitive markets, private law promotes social order, while in less competitive markets, public regulatory interventions are necessary to protect market efficiency and consumer interests. The bank-client relationship, now an integral part of competition and public interest, is governed by rules that often mimic the regulatory decisions of competent authorities, as seen in the principles of «responsible lending». The European Single Supervisory Mechanism impacts the governance of banks and their contractual relationships, creating an osmosis between private and public law. This integrates private enforcement with public enforcement in business-to-consumer relationships. An example is the obligation to assess creditworthiness to prevent over-indebtedness and ensure banking stability, where non-compliance can lead to contract nullity and liability for damages by the intermediary. Alternative Dispute Resolution (ADR) systems are fundamental in protecting banking customers, integrating public supervision with private enforcement mechanisms. These systems protect customer rights and influence the commercial practices of intermediaries, promoting more effective market regulation