78335 - Legal Procedures for Infrastructures and Public Works Procurement

Course Unit Page

SDGs

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

Affordable and clean energy Industry, innovation and infrastructure Sustainable cities Oceans

Academic Year 2021/2022

Learning outcomes

At the end of the course, the students will: - have learnt and understood both the rules that, at EU, domestic and local level, govern the construction and operation of transport infrastructures, with particular regard to ports, airports, interports and logistics platforms; and those that regulate the access to and the use of transport infrastructures and services; - have learnt and understood the rules governing the services provided within transport infrastructures that are ancillary to transport services; - be able to orient themselves among the different EU and domestic law sources; - have acquired a comprehensive framework of the main regulations and case law concerning the interpretation and implementation of the above-mentioned rules; - have acquired an ample and in-depth comprehension of the EU and domestic antitrust and State aids law concerning the markets of transport infrastructures and services, of the main issues related to it and of the decisions of Antitrust authorities.


Course contents

The course's aim is to examine the regime of transport infrastructures planning, programming, construction and management. For this purpose, it is also necessary to understand the relevant markets and regime of the services, whose provision transport infrastructures are meant to enable and of the services therein provided.

Consequently, the main topics of the course will be:

  1. The relevant sources of law.
  2. The division of legislative and regulatory powers and of planning, administrative and financing authorities related to transport services and infrastructures among the State, Regions and local bodies.
  3. Transportation planning (both services and infrastructures).
  4. The Transport Regulatory Authority.
  5. Transport services regime.
  6. The construction, award and operation of transport infrastructures: ports, airports, railway infrastructures and road infrastructures.
  7. The regimes of the services provided within transport infrastructures according to the EU and domestic law
  8. Antitrust issues.

 

Readings/Bibliography

Students have to prepare the exam alternatively on one the following books:

M. Casanova - M. Brignardello, Corso breve di diritto dei trasporti, Seconda Edizione, Milano, Giuffè Editore, 2020.

S. Zunarelli - A. Romagnoli - A. Claroni, Casi e materiali di diritto pubblico dei trasporti, Bologna, Bonomo Editore, 2018.

Students cannot study previous editions of the textbook, since some parts of the program have been significantly changed in order to follow the most recent law reforms. It is therefore necessary to study on updated materials.

Students will be informed about further law updates during the classes through Prof. Orrù's presentations and other materials that will be uploaded on the repository of teaching materials https://iol.unibo.it/.

For this purpose, students are kindly invited to enroll in the course's website on the IOL platform.

Teaching methods

The course is held in Italian in the II Semester and consists of lectures performed with power point presentations and other materials, especially case-law and models of calls for tenders, contracts, etc.

Workshops concerning specific topics and involving the participation of experts could be organized: students will be informed about them during the course and also through notices published on the professor's website.

Assessment methods

At the end of the course the students' preparation will be assessed through an oral exam meant to ascertain that the single student has acquired a sufficient knowledge of the subject-matters of the course.

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 exam will concern:

  1. the regime of transport infrastructures (ports, airports, road infrastructures and railway infrastructures), their construction, award, operation, financing, the services provided to the users within them and the antitrust issues
  2. as well as one of the following topics at the student's choice (they are alternative):

a. The regime of maritime transport services.

b. The regime of air transport services.

c. The road transport of goods.

d. The regime of local public transport.

Students' attendance to classes is highly recommended. Therefore, Mr. Battistella reserves herself the possibility to grant the students having regularly attended the classes, a special program, which will be communicated to the students at the beginning of the classes and can take into account also the specific topics of interest for the Second cycle degree the course belongs to.

The attendance is verified by signature sheets during each class. Specific needs (such as the concurrence of other classes, stages, work requirements, etc.) will be considered.

Since the Course will be held in the 2nd semester, students having acquired the attendance in the academic year 2021-22, can take the exam from June 2022.


Teaching tools

Power point presentations, teaching materials loaded on the website https://iol.unibo.it/, websites, books and papers meant to deepen some topics of the course.

Disabled Students or with specific learning disabilities (SLD) needing compensatory tools, may inform Mr. Battistella about their needs in order to be addressed to the School’s specific Services and agree on suitable measures.


Office hours

See the website of Vincenzo Battistella