B2591 - SEMINARIO DIRITTO DELL'AUTOMOTIVE

Learning outcomes

The growing presence of disciplines that govern the quality and safety of products and activities related to the automotive sector determines the need to provide specialized training to the jurist intended to operate in this specific area and, at the same time, brings out the need to offer professionals who contribute to the production and marketing of vehicles the basic transversal skills necessary in order to establish a productive interdisciplinary comparison in the regulatory context. The seminar on Automotive law fits into this scenario, the main purpose of which is to put the attending student in a position to achieve a specific capacity in the discussion and management of the fundamental legal issues relating to automotive production, the marketing of vehicles and the regulation of their circulation. The seminar will focus on the EU legislative framework on product quality and safety, on supply chain contracts, as well as on the complex issues posed by the environmental impact associated with the movement of vehicles and, ultimately, by the use of indispensable data in order to realize the new forms of connected and automated mobility. The handling of individual issues - carried out with constant reference to jurisprudence and a comparative perspective between current EU and US legislation - will be characterized by a markedly interdisciplinary approach which will allow constant comparison between the perspective of the jurist and that of the professional figures who, starting from a different educational background (engineering, medicine, economics, ethics), operate in the automotive sector.

Course contents

The main purpose of the seminar is to enable students to efficiently handle the law fundamental issues involved in car manufacturing.
The course will focus on the UE and US legislation framework upon product liability law and product safety law. In a second phase the course will focus on the case law study having regard to the liability issues on the automotive sector.
The analysis of the legal system will be conducted in a comparative prospective between EU/US current regulation, with a particular focus on the economic analysis of the law.

I - AUTOMOTIVE AND PRIVATE LAW
• Car manufacturing, car circulation and the problem of the cost of the accidents
• The road safety and the car safety
• The Crashworthiness doctrine in US
• The role of National Highway Traffic Safety Administration (NHTSA)
• The NHTSA safety standards
• The UE safety standards
• Vehicle’s safety and manufacturer liability in UE and US
• The manufacturer liability
• The liability of the manufacturer of a specific component
• The designer liability

II – AUTOMOTIVE PRODUCT SAFETY AND PRODUCT LIABILITY IN THE UE LEGAL SYSTEM AND IN THE US LEGAL SYSTEM:
• The Directive 85/374/ECC;
• The concept of “defective product”:
• Design defect
• Manufacturing defect
• Warning defect
• Product safety and quality
• The general product safety directive 2001/95/EC;
• The concepts of safe” and “unsafe” products;
• Authorities involved in the harmonization and in the definition of harmonized European standards
• The withdrawal;
• The recall;
• The duty to warn;
• The uniform federal product safety standards;
• Agencies involved in the definition of harmonized standards on product safety;
• The concept of “defective product”:
• Design defect
• Manufacturing defect
• Warning defect



III- HIGHLY AUTOMATED VEHICLES, CONNECTED VEHICLES AND AUTONOMOUS DRIVING CARS
• The legal aspects between existing laws, the role of the jurisprudence and the perspectives of a reform.
• Ethic issues arising from automated vehicles and the role of the law
The law making process in UE
• The ERTRAC Working Group’s Automated Driving Roadmap
• The common EU approach to liability rules and insurance for connected and autonomous vehicles
• The law making process in US - New Federal Guidance for Automated Driving Systems (ADS)
• The first cases of accidents caused by highly automated vehicles

Readings/Bibliography

Calabresi e Al Mureden, Driverless cars. Intelligenza artificiale e futuro della mobilità, Il Mulino, Bologna, 2021

Teaching methods

Lessons will be held by Professor Enrico Al Mureden
Students will be able to study cases through small working groups where they will be able to produce their own solution to cases. Students will be offered the opportunity to take part in a moot court

Assessment methods

The final assessment is based on oral exam

Teaching tools

Lessons will be given using power point slides

Office hours

See the website of Enrico Al Mureden