81804 - EUROPEAN TRANSPORT LAW

Conoscenze e abilità da conseguire

The course aims to provide students with specific knowledge of the management system for transport infrastructure (airports, ports and linear infrastructure), the procedures to gain access to these services and the supply of the main services that, with these infrastructures, are guaranteed to the user (port operations and technical-nautical services; handling services). With reference to the provision of services, the student will analyse the different ways of transferring passengers and goods (transport services by air, sea, rail and road).

The purpose of the course is to allow students to move easily among different sources involved and understand the major case law. In particular, students will improve their ability to understand the general system of the European Union law and its implication on national systems.

Students will be also allowed to publish briefs comments on “The Aviation & Space Journal”, subject to the ASJ Board’s evaluation.

Contenuti

The Course aims to analyse the European legislation, which regulates the access to transport services and related infrastructures.

In particular, the Course will introduce the EU policies and guidelines in the field of transport and their intersections with many other relevant aspects, such as competition and consumer/user rights.

Course programme

1. Air services (Air services in Europe, bilateral agreement with non-EU Countries; Regulation 1008/2008/EC: common rules for air services operations in the Community; Air Passengers’ rights: the 1999 Montreal Convention; Compensation for denied boarding, cancellation or long delay of flights, Regulation 261/2004/EC; Single European Sky; Competition issues; Aviation Product liability; Aviation Insurance issues and cyber risk; Towards a new legislation on civil drones).

2. Transport infrastructures (Airport definition; Airports management system; Ground-handling services; Essential facilities doctrine; Ports and port services).

3. Maritime services (Maritime services in Europe; Marine Insurance: the basic principles of insurance law and the case law governing the shipping industry. The clauses commonly used in the London Market including Hull, Cargo, Liability).

4. Road services (Regulatory framework; Conditions and requirements for the provision of road services).

5. Financial public support for transport services and competition issues (State aid; Public Service Obligations; Abuse of dominant position).

The course programme is suggested also for Erasmus students.

Testi/Bibliografia

Lessons will be based primarily on a set of university lectures, reviews and articles that will be distributed during lessons.

Further recommended reading "The Aviation & Space Journal", provides updates on recent legislation and jurisprudence at a national, European and International. ("The Aviation & Space Journal", PDF file available at the following website: www.aviationspacejournal.com).

The Journal, edited by the Professor, and its website offer information regarding conferences meetings and other events in the aviation sector.

The students could publish articles on the Journal subject to the evaluation of the ASJ Board.

Metodi didattici

The teaching methods will be based on frontal lessons.

The lectures are interactive and students are expected to participate in the discussions.

The course also provides seminars and conferences on Aviation, Maritime Law and CMR matters held by specialist lawyers, to study in depth the current issues on European Transport Law together with a concrete and practical approach.

Students could evaluate with the Professor the possibility to participate in Moot Courts organized by the Sarin Memorial Legal Aid Foundation from India and the International Institute of Air and Space Law of Leiden University in the Netherlands (www.iiasl.aero).

Course materials may be also found  on-line on AlmaDL web portal, periodically updated.

THESIS

Attendance at classes is required in order to present thesis in European Transport Law.

Modalità di verifica e valutazione dell'apprendimento

Oral exams will be held for each academic year and will be based of three questions per candidate. Students attending at least 50% of the lessons will be questioned on TWO subjects (out of THREE questions) relating to the following arguments:

1. Air Services in EU and bilateral air service agreements with non-EU Countries;

2. Air carrier liability-the 1999 Montreal Convention;

3. Marine insurance;

4. Road Services.

Strumenti a supporto della didattica

Video projector, overhead projection, slides, PC.

Orario di ricevimento

Consulta il sito web di Anna Masutti