78335 - Legal Procedures for Infrastructures and Public Works Procurement

Learning outcomes

At the end of the course, the students will: - have learnt and comprehended 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 poles; and those that regulate the access to and the use of transport infrastructures and services; - have learnt and comprehended the rules concerning 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 national 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 main topics of the course will be:

• The relevant sources of law.
• 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.
• Transportation planning (both services and infrastructures).
• The Transport Regulatory Authority.
• Transport services regime (maritime transport, air transport, rail transport, regional and local public transport, haulage, 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.
• 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 of Engineering 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.

• 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).
• Antitrust issues, including essential facilities, the access to the market and to infrastructures, the slot allocation, tariffs for the use of the infrastructures, State aids, public service obligations and contracts.

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

1. The regime of maritime transport services.
2. The regime of air transport services.
3. The road transport of goods between market rules and the protection of road safety on roads (with the exclusion of the topics related to infrastructures).
4. Local public transport services (with the exclusion of the topics related to infrastructures).
5. Public financing to transport services.

Prof. Zunarelli reserves himself the possibility to grant to 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.

Readings/Bibliography

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

It is not possible to prepare the exam exclusively on previous editions of the textbook, because after them the legal frameworks of the main subject-matters of the course changed. It is therefore necessary to study on updated materials. Students will be informed about further law updates during the classes.

For teaching purposes, Prof. Zunarelli will distribute also power point presentations and other material through a teaching staff-students distribution list, whose access credentials will be communicated at the beginning of the classes or can be required to Prof. Zunarelli by email.

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 Prof. Zunarelli's website.

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.

The 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: the students will be informed about them during the course and also through notices published on the professor's website.

During the classes, the students are able to inform Prof. Zunarelli 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 "Trasport Infrastructures Law" 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.

Due to the plurality of law sources, of case-law and doctrines mentioned in the textbook, the students will not be demanded to repeat them pedissequally, but to explain with reasoned arguments the principles there expressed.

It is possible to take the exam from June of the academic year in which the course was included in the study plan.

Teaching tools

Power point presentations, teaching materials loaded on the website AMS Campus, websites, books and papers meant to deepen some topics of the course.

Office hours

See the website of Stefano Zunarelli