Abstract
In recent years, significant efforts have been made to encourage public and private investments in infrastructure and strategic services, with the goal of modernising facilities and improving services while containing financial burdens. However, the effective development of ports, airports, and motorways relies heavily on robust oversight by competent authorities and on the proper management of all administrative procedures at both national and local levels. There is still a need for greater clarity regarding the identification of authorities or entities responsible for monitoring and reporting throughout the duration of concessions. This includes defining the procedures that public bodies should adopt to ensure systematic supervision and providing them with adequate administrative and technical tools to verify that concessionaires fulfil their obligations correctly. Furthermore, it is crucial to equip granting authorities (or other competent public bodies) with the legal and technical instruments needed to adjust the concessionaire’s obligations in response to new public interests that may emerge after the award of the concession, interests that could not have been foreseen during the initial drafting of the contract. To this end, a certain degree of flexibility must be embedded within concession relationships to reconcile the long-term nature of these contracts with evolving public needs. The main objective of the Project is to investigate, from both legal and technical perspectives, the complex issue of concessions in the transport sector, with particular attention to the role of the granting authority and the various public bodies responsible for supervising and monitoring the management of concessions and the investments made by concessionaires. Through an in-depth analysis of current legislation, administrative practices, and the most recent case law developments, this research aims to explore the main legal issues concerning the governance and regulation of transport service and infrastructure concessions. The project will highlight emerging challenges and the latest legislative developments at national and European levels, which seek to modernise the regulatory framework and promote a more sustainable and efficient management of public resources. A further focus will be dedicated to the procedures for awarding local public transport services, examining the impact of the concession regime on the management and organisation of these services. This PRIN project adopts an interdisciplinary approach, combining legal and engineering-technical perspectives, to identify best practices and develop innovative measures for monitoring and controlling the activities of concessionaires operating port terminals, airports, and motorways. In particular, it aims to identify practical guidelines for granting authorities, based on a comparative analysis of the models used in EU Member States. The project will examine compliance monitoring systems, applicable sanctions, and possible incentive and penalty mechanisms, with the ultimate goal of improving the effectiveness, adaptability, and accountability of infrastructure concessions. Results The project has achieved its original objectives by investigating the complex field of transport concessions through an integrated legal and technical approach. In particular, it examined the role of granting authorities and other public bodies responsible for monitoring and supervision, alongside the concessionaire’s management of services and infrastructures and the implementation of investments aimed at pursuing the public interest. The research reconstructed the EU and domestic legal framework governing transport concessions, including legislation, administrative practice and the most significant case-law developments. It analysed the allocation of responsibilities across the entire concession lifecycle (from the award procedure to implementation, monitoring, reporting and control), while identifying recurring critical issues, particularly where competences overlap or procedures lack sufficient standardisation. This analysis provided a clearer understanding of the respective roles and legal instruments available to the public authorities involved. From a technical perspective, the research examined how monitoring and reporting activities are carried out in practice, focusing on the methodologies and tools used by granting authorities and other competent bodies to assess service performance, infrastructure conditions, compliance with contractual obligations and the consistency of concessionaire investments with the public interest objectives underlying the concession. The findings were complemented by a comparative analysis of selected EU Member States and further refined through case studies and exchanges with institutional stakeholders and practitioners, enhancing both their practical relevance and transferability. The project has already generated significant scientific outputs reflecting its interdisciplinary nature and contributing to both academic debate and policy development. The main results achieved so far include: (i) A first Open Access volume, Concessioni e trasporti. Procedure di affidamento e attività di vigilanza sulla gestione concessoria (edited by Anna Montesano, Giappichelli, 2023). The volume provides a systematic analysis of the governance and regulation of transport concessions, examining the applicable legal framework, administrative practice and recent case law. It addresses the supervisory role of Port System Authorities in relation to terminal concessions, the award procedures for Local Public Transport services, the regulation and control of motorway concessions (also through a comparison with the French legal system) and the legal framework governing motorway safety. The volume identifies the main regulatory challenges and discusses recent national and EU developments aimed at strengthening efficiency, transparency and the sustainable management of transport infrastructures. (ii) A peer-reviewed article published in a Class A journal on the award and extension of Local Public Transport service concessions. The article analyses the legal framework governing concession extensions in light of the judgment of the Regional Administrative Court of Lombardy (T.A.R. Lombardia-Milano, No. 32/2025), focusing on the relationship between EU and domestic law. It clarifies the distinction between the two legal bases for extensions (Article 4(4) of Regulation (EC) No. 1370/2007 and Article 24(5-bis) of Decree-Law No. 4/2022) and highlights the exceptional nature of both mechanisms, emphasising that any extension requires a reasoned discretionary assessment by the competent authority, taking due account of the public interest in market opening and effective competition. (iii) A second volume, “Le concessioni di infrastrutture di trasporto. Sfide e opportunità” (edited by Stefano Zunarelli, Maurizio Crispino and Anna Montesano - Giappichelli), currently in the publication process. The volume consolidates the project’s research findings on monitoring, reporting and control systems for concessions in ports, airports and motorways, integrating comparative evidence from selected EU Member States. It will also be published in Open Access.
Dettagli del progetto
Responsabile scientifico: Stefano Zunarelli
Strutture Unibo coinvolte:
Dipartimento di Scienze Giuridiche
Coordinatore:
ALMA MATER STUDIORUM - Università di Bologna(Italy)
Contributo totale di progetto: Euro (EUR) 202.240,00
Contributo totale Unibo: Euro (EUR) 81.891,00
Durata del progetto in mesi: 24
Data di inizio
18/10/2023
Data di fine:
28/02/2026
