78335 - Legal Procedures for Infrastructures and Public Works Procurement

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:

5.1. maritime transport,

5.2. air transport,

5.3. rail transport,

5.4. regional and local public transport,

5.5. haulage,

5.6. brief remarks related to inland waterway transport,

in the international, EU and domestic law, with specific regard to the topics of interest for the course.

6. The construction, award and operation of transport infrastructures: ports, airports, railway infrastructures and road infrastructures. In particular:

1. The legal regime of ports; the governance of Italian ports; the Port Authority and its organs; the Maritime Authority; the proposals for the reform of the Italian seaports regime; brief remarks on inland ports.
2. The legal regime of airports; the construction and operation of airports; the award of the construction and operation of airports.
3. The types and regime of road and railway infrastructures; the construction and operation of motorways; the award of the construction and operation of motorways; the construction and operation of interports; the award of their construction and operation; the principle of separation between the railway infrastructure management and the operation of rail transport services; the construction and operation of railway infrastructures; the award of their construction and operation; the logistic poles.

The analysis of the topics concerning the construction and operation of transport infrastructures and their award will be limited to the specific issues of the special regime of Transport Law, for the aspects not dealt with by the courses Law of Public Contract (73929), Second cycle degree ofEngineering of Building Processes and Systems (code: 8829), and of Building Industry and Public Works Legislation, Town Planning Law (18567), Single cycle degree in Architecture and Building Engineering (code: 0940), in order to provide the students of the present course with an in-depth knowledge and expertise in the course's topics.

7. The regimes of the services provided within transport infrastructures according to the EU and domestic law (e.g., for seaports: port operations, port services under art. 16.1 Law 84/1994, services of general interest, technical-nautical services, other port services, terminal operators; for airports: handling services, air traffic and air navigation services, security services, fire services; with regard to road and railway infrastructures: motorway ancillary services; services provided by the railway infrastructure's operator).

8. Antitrust issues, including:

8.1. the essential facilities doctrine,

8.2. the access to the market and to infrastructures,

8.3. the slot allocation,

8.4. tariffs for the use of the infrastructures,

8.5. State aids,

8.6. public service obligations and contracts.

Readings/Bibliography

Students have to prepare the exam on the following book:

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

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/.

Further useful material for preparing the exam or deepening specific topics that could be of interest for the students, could be suggested during the classes also through notices published on the above-mentioned platform.

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.

Students could be also involved in the analysis and solution of case studies in order to improve the comprehension of the course's contents and their learning.

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.

During the classes, students are able to inform Prof. Orrù about any topics they would like to deepen also in consideration of the specific subject-matters of the Second cycle degree of Engineering of Building Processes and Systems, which the course pertains to.

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.

In this sense, the oral exam - which takes also in due consideration the University Course which the course in "Legal Procedures for Infrastructures and Public Works Procurement" is part of - is addressed to assess that the single student can adequately master the course's contents in order to be able to orient her/himself among the law sources and the case-law and to possess a systematic knowledge of the framework of the different legal principles, regulatory schemes and topics, along with an adequate legal language proficiency.

Considering the several sources of law, of case-law and doctrines mentioned in the textbook, the students will not be demanded to give a slavish exposition of them, but to explain with reasoned arguments the principles there expressed.

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

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 (which correspond to Ch.s I, II, III and VI of the above mentioned book),
2. as well as one of the following topics at the student's choice (they are alternative), which correspond to Ch.s IV, V, VII and VIII of the same book:

a. The regime of maritime transport services.

b. The regime of air transport services.

c. The road transport of goods.

Students' attendance to classes is highly recommended. Therefore, Prof. Orrù 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 2020-21, can take the exam from June 2021.

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 Prof. Orrù 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 Elena Orrù

See the website of Vincenzo Battistella