86435 - Transport Law (Italian - Spanish Law Individual Study Plan)

Academic Year 2022/2023

  • Teaching Mode: Traditional lectures
  • Campus: Bologna
  • Corso: Single cycle degree programme (LMCU) in Law (cod. 9232)

    Also valid for Single cycle degree programme (LMCU) in Law (cod. 9232)

Learning outcomes

The student will have specific knowledge of the rules, which, according to international, EU and national law, identify the criteria under which a company is allowed to carry a transport service. The student will analyze the different ways of transferring passengers and goods (transport services by air, sea, rail and road). Moreover, the student will get specific knowledge of the rules relating to the management of major transport infrastructure (ports and airports) and the main services which, as part of these infrastructures, are provided to users (port operations and technical-nautical services; handling services). The student is able to examine and apply to the case the sources of law, as well as the doctrinal and jurisprudential debate developed in terms of access to the market of transport services and the management of the related infrastructures.

Course contents

The Course aims to analyze the European, national and local legislation, intended to regulate the access to transport services and related infrastructures. In particular, the subject of the first part of the lessons will be study of the rules governing the management of some transport infrastructure (ports, inland platforms, bus stations) and the services, provided in the said infrastructures, which are ancillary to the transfer of people and goods (loading, unloading and storage of goods; towage, pilotage, mooring). The subject of the second part of the Course will be the analysis of the regulatory requirements allowing companies to provide transport services by sea and road of passengers and goods, also in the light of the regulatory interventions and of competition rules applying to the present matter.

The analysis will be developed in the light of the principal sources of law, as well as jurisprudential debate in the present matter. Particular attention will be also dedicated to the European Commission guidelines, as well as the decisions of the Italian Antitrust Authority and the Italian Transport Regulation Authority issued with reference to the principal legal issues of the Course program. The themes relevant to the field of Air Law will be analysed for the unique purpose of a comparison with the maritime and port discipline.

Course program:

1. Transport services

  • 1.1. Air services (Chicago Convention of 1944; bilateral aviation agreements; air services in Europe);
  • 1.2. Rail transport services (regulatory framework; conditions and requirements to the providing of rail transport services; rail safety);
  • 1.3. Road services (regulatory framework; conditions and requirements to the providing of road services);
  • 1.4. Public passenger transport services (the procedures for awarding concessions for public passenger transport services; "in house" providing; contract of service);
  • 1.5. Financial public support for transport services (compensation for public service obligations in the transport sector; State aid regime).

2. Transport infrastructures

  • 2.1. Ports and port services (port management system according to the Italian reform introduced by Law no. 84/1994; loading and unloading of goods; technical nautical services of towage, pilotage, mooring).
  • 2.2. Airports and airport services

In consideration of the contents of the course, it is advisable to attend this course only after having passed Private Law and Constitutional Law courses.

Readings/Bibliography

S. Zunarelli - A. Romagnoli - A. Claroni, Diritto pubblico dei trasporti, Bologna, 2015, Bonomo Editore.

Teaching methods

The teaching, like the others of the first semester, will be provided according to the methods described on the website of the Department of Legal Sciences. Students, who will have acquired the frequency in the academic year 2021-2022, will take the exam starting from January 2022.

Assessment methods

The final exam - if the current legislation will allow it – will be an oral colloquium, intended to test the knowledge of the student, who will be invited to discuss the different legal issues analyzed during the classes. It will be particularly appreciated the ability of the student to identify, among the law sources and bibliography, the useful information necessary to underline the learning and the discussion of the specific features of Transportation Law. The oral examination shall be considered successfully passed if the student is able to answer to 3 main questions related to the subjects of the Course program. It is relevant to precise that the knowledge of the student shall be evaluated on the basis of further questions, aimed to specify some aspects of the main questions. The Commission shall promote the student with excellent marks if the student is able to show a critic and complete vision of the different topics, as well as an appropriate and precise language with reference to the present matter. The attribution of the final grade will be based on the following criteria:

- sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;

- fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;

- comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

- extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

During the examination, it is forbidden to use books, notes and computing devices.

Examination program for the students who do not attend classes:

The program for the final exam is based on the topics listed below and illustrated in the related chapters of the textbook.

1. Air services;

2. Rail transport services: European liberalization policy;

3. Road services between market rules and protection of road safety;

4. Public passenger transport services: governance and management;

5. Financial public support for transport services.

6. Ports and port services: regulatory framework and protection of competition;

7. Airports and airport services

 

Special program for students partecipating to the Erasmus Project:

Erasmus students shall study THREE Chapter of the textbook chosen between the chapters listed below:

1. Air services;

2. Rail transport services: European liberalization policy;

3. Ports and port services: regulatory framework and protection of competition;

4. Financial public support for transport services.

 

Examination program for the students attending ONLY the Course in Transportation Law:

The Professor grants the possibility for the students, who will assiduously attend 70% of the classes, to prepare the exam based on the following program:

1. Public passenger transport services: governance and management;

2. Financial public support for transport services.

3. Ports and port services: regulatory framework and protection of competition;

The course attendance will be verified through periodic attendance sheets.

 

 

Teaching tools

With exclusive reference to the students attending the course, it should be noted that any supplementary teaching material relating to the topics covered during the lessons will be made available to the students in paper format or in electronic format on the website: http: //campus.unibo. en /. [http://campus.unibo.it/] Access is reserved to students enrolled at the University of Bologna.

Office hours

See the website of Stefano Zunarelli

SDGs

Industry, innovation and infrastructure Sustainable cities

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.