87644 - DIRITTO DELLE INFRASTRUTTURE E DEI TRASPORTI

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, according to the program below indicated, aims to analyze the European, national and local legislation, intended to regulate the access to transport services and related infrastructures.

The subject of the first part of the lessons will be the analysis of the regulatory requirements allowing companies to provide transport services by air, sea, rail and road, also in the light of competition rules applying to the present matter.

Particular attention will be paid to the examination of the most recent models of sustainable mobility represented by Smart mobility and micro-mobility, aimed at making the goods distribution system particularly efficient in the urban context (cargo bikes and food delivery).

The subject of the second part of the Course will be the study of the rules governing the management of transport infrastructure (ports and airports) and the services, provided in the said infrastructures, which are ancillary to the transfer of people and goods. The analysis will be developed in the light of the principal sources of law, as well as the doctrinal and 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 issued with reference to the principal legal issues of the Course program.

Course program:

1. Transport services

• 1.1.Maritime services(Conferences; the discipline of maritime services in Europe; consortia in maritime sector);

• 1.2.Air services(Chicago Convention of 1944; bilateral aviation agreements; air services in Europe);

• 1.3.Rail transport services(regulatory framework; conditions and requirements to the providing of rail transport services; rail safety);

• 1.4.Road services (regulatory framework; conditions and requirements to the providing of road services); cargo bike; food delivery;

• 1.5.Public passenger transport services(the reform introduced by Legislative Decree no. 422/1997; the procedures for awarding concessions for public passenger transport services; minimum services; contract of service).

2. Transport infrastructures

• 2.1.Ports and port services (port definition; port management system according to the Italian reform introduced by Law no. 84/1994 and by D.lgs. no. 169/16; port services and technical nautical services);

• 2.2.Airports and airport services (airport definition; airports management system; airport services).

Readings/Bibliography

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

Considering the several sources of law, doctrine and jurisprudence indicated in the textbook, it is relevant to note that students are not required to give a slavish exposure of the rules of law, doctrinal and jurisprudential debate, but to offer a reasoned and summarized exposition of the relative legal principles.

Teaching methods

Classes are held in the 1st semester.

Students, who will have acquired the frequency in the academic year, will take the exam starting from January.

Lessons are supported by seminarial activities/workshops on the main topics discussed during the Course.

Assessment methods

The final exam is a multiple choice test. The test, lasting a maximum of 10 minutes, consists of a multiple choice written test. The test for each student is divided into a total of n. 10 questions. Each question is followed by three answers. For each question there is only one correct answer. Each correct answer is given a different score, depending on the question asked. The incorrect answer has a score of 0. The maximum score obtainable by providing all correct and complete answers is therefore equal to 31 in order to achieve 30 cum laude.The test is passed with a minimum score of 18/30.The test is passed with a minimum score of 18/30.

The final exam intended to test the knowledge of the student, who will be invited to discuss the different legal issues analyzed during the lessons.

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 the discipline.

During the examination, it is forbidden to use books, notes and computer supports.

The examination procedures will be communicated on the Unibo personal page (Notices section).

Examination Program for students who do not attend the lessons (9 CFU)

• from p. 2 to p. 39;

• from p. 63 to p. 83;

• from p. 157 to p. 166;

• from p. 189 to p. 211;

• from p. 243 to p. 271;

• from p. 283 to p. 312;

• from p. 347 to p. 365.

Examination Program for students who do not attend the lessons (7 CFU)

• from p. 2 to p. 39;

• from p. 63 to p. 83;

• from p. 157 to p. 166;

• from p. 189 to p. 207;

• from p. 243 to p. 262;

• from p. 283 to p. 305;

• from p. 347 to p. 365.

Examination program for students assiduously attending the lessons

Students that will assiduously attend the lessons, will study according to a differentiated examination program.

Examination program to acquire credits (2 CFU):

• from p. 157 to p. 166;

• from p. 115 to p. 121.

Teaching tools

With reference to attending students, please note that any supplementary educational materials, concerning the topics analyzed during the lessons, will be made available to students on the website: https://virtuale.unibo.it.

Username and password are reserved for students enrolled at the University of Bologna.

Office hours

See the website of Alessandra Romagnoli