B0051 - DIRITTO DEI TRASPORTI E DELLE INFRASTRUTTURE

Learning outcomes

The aim of the course is to enable students to develop adequate analytical skills for understanding the international, European and Italian regulatory framework of Public Transportation Law. Special attention is paid to the regulation of maritime, air, and land transport, and to the management of the relevant infrastructures.

Course contents

The course aims to provide students with an appropriate knowledge of the principal sources of law that, at international, European and national level, regulate access to transport services and related infrastructures. During the course, the interventions of the Italian Antitrust Authority and the Italian Transport Regulatory Authority will also be examined, in order to allow students to investigate the functioning of Public Transport Law and its being in constant search of a not easy balance between the push towards monopolies and oligopolies and the protection of competition.

In particular, the following subjects will be considered:

• the public discipline of maritime services: the Maritime Conferences and the Maritime Consortia;
• the public discipline of air services: the Chicago Convention of 1944, the bilateral air agreements, the Open Skies Agreements, the Regulation (EC) 1008/2008, the Single European Sky, the slot allocation;
• the transport of goods by road between market rules and protection of road safety: the transport of goods by road for hire or reward, the National Registry of haulers for hire or reward, the figure of the transport manager, the authorization to practice the profession, the regulation of the tariffs system, the function of the digital tachograph, the road haulage of goods on own account, the access to the profession of road haulage of goods, land cabotage, the EU discipline;
• the public financial support for transport services: the State aids, the public service obligations, the analysis of the main practical cases on the matter;
• the port infrastructures and related services: the regulatory framework and the protection of competition, the port management, the Port System Authority and its organs, the market access regime for port operations, the self-handling, the port services stricti iuris, the technical-nautical services, the terminal operators, the port labor discipline, the National Strategic Plan of Portuality and Logistics;
• the airport and airport services: the airport management models, the handling services and their liberalization, the centralized infrastructures;
• the role of the Transport Regulatory Authority.

 

Readings/Bibliography

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

The manual is to be studied in its entirety, with the exclusion of Chapters III, V, and Sections 3 and 4 of Chapter VIII.

PLEASE NOTE: it is suggested to integrate the study of the manual with the consultation of the following regulatory texts: Italian Navigation Code, International Uniform Law Conventions, EU Regulations and Directives also available on the internet.

Teaching methods

The course takes place through oral lectures.

In order to solicit the involvement of students, targeted deepening not only on multiple sources of Public Trasport Law, but also on doctrinal developments and solutions provided by Courts’ decisions will be held during the course, evaluating their impact on the sector, also analyzing some case studies.

The lessons are divided into didactic-conceptual units, organized according to a path that allows for the gradual learning of the examined topics and case studies, so that students can progressively achieve the goal of navigating through the matter.

Assessment methods

The exam may be taken in the following two modalities:

A) entirely oral exam: it will focus on the topics indicated in the course programme and the grade will be expressed in thirtieths (from 0 to 30, plus possible honours). In particular, the student’s ability to understand and identify the technicalities, peculiarities and specificities of the discipline being examined will be tested;

B) exam divided into two tests: a practical test and an oral test.

1) Practical test: this will consist of carrying out a Moot Competition in the classroom, during the final phase of the course, on a case study illustrated by the Professor, concerning one of the topics examined during the course.

Students will be divided into working groups. Whatever the number of members in a group, each student will have a time slot of 5 minutes to present her/his arguments (which will be coordinated with those of the other members of her/his group) and will be assessed individually for her/his oral presentation. The assessment will be expressed in tenths (from 0 to 10) and a minimum grade of 6 out of 10 will be required to pass the test. In particular, the mastery of the topics, the ability of critical analysis and the use of appropriate technical vocabulary will be tested.

2) Oral test: this will focus on the topics indicated in the course programme, with the exclusion of Chapters III, V, and Sections 3 and 4 of the Chapter VIII of the manual, and the grade will be expressed in twentieths (from 0 to 20, plus possible honours) and in order to pass the test it will be necessary to have obtained at least a minimum grade of 12 out of 20. In particular, the student's ability to understand and identify the technicalities, peculiarities and specificities of the discipline being examined will be tested.

The final grade will be awarded on the basis of the algebraic sum of the grades obtained in the practical test and the oral test.

PLEASE NOTE:

• the choice to take the exam in the B) modality, i.e. divided into two tests, must be communicated by the student via her/his Unibo institutional email address to the Professor no later than April 30, 2024. In the absence of such communication, the student must take the exam in the A) modality, i.e. entirely oral;
• since the presence of groups is structurally necessary, the practical test in the B) modality may only be taken during the final phase of the course and not in the subsequent sessions;
• to access the oral test, it will be necessary to have taken and passed the practical test;
• if, having passed the practical test, the student fails the oral test or withdraws from the latter, the grade for the practical test will remain valid until the September session of the following calendar year, after which it will be annulled.

Teaching tools

Additional study materials, useful for the preparation of the exam, may be made available in due time within the course teaching materials on https://virtuale.unibo.it/ .

Office hours

See the website of Massimiliano Musi