09260 - Transportation Law

Learning outcomes

The student will have specific knowledge of the rules, which, according to international, EU and national law, identify the criteria under which a company is allowed to carry a transport service. The student will analyze the different ways of transferring passengers and goods (transport services by air, sea, rail and road). Moreover, the student will get specific knowledge of the rules relating to the management of major transport infrastructure (ports and airports) and the main services which, as part of these infrastructures, are provided to users (port operations and technical-nautical services; handling services). The student is able to examine and apply to the case the sources of law, as well as the doctrinal and jurisprudential debate developed in terms of access to the market of transport services and the management of the related infrastructures.

Course contents

The Course, according to the program indicated below, aims to analyze the European, national and local legislation, intended to regulate the access to transport services and related infrastructures.In particular, the subject of the first part of the lessons will be the analysis of the regulatory requirements allowing companies to provide transport services by air, sea, rail and road, also in the light of competition rules applying to the present matter. The subject of the second part of the Course will be the study of the rules governing the management of transport infrastructure (ports and airports) and the services, provided in the said infrastructures, which are ancillary to the transfer of people and goods. The analysis will be developed in the light of the principal sources of law, as well as the doctrinal and jurisprudential debate in the present matter. Particular attention will be also dedicated to the European Commission guidelines, as well as the decisions of the Italian Antitrust Authority issued with reference to the principal legal issues of the Course program. The themes relevant to the field of Air Law will be analysed for the purpose of a comparison with the maritime and port discipline, but will be explored in depth during the course of Air Law.

Course program:

1. Transport services

• 1.1.Maritime services (Conferences; the discipline of maritime services in Europe; consortia in maritime sector);

• 1.2.Air services (Chicago Convention of 1944; bilateral aviation agreements; air services in Europe);

• 1.3.Rail transport services (regulatory framework; conditions and requirements to the providing of rail transport services; rail safety);

• 1.4.Road services (regulatory framework; conditions and requirements to the providing of road services);

• 1.5.Public passenger transport services (the reform introduced by Legislative Decree no. 422/1997; the procedures for awarding concessions for public passenger transport services; minimum services; contract of service);

• 1.6.Financial public support for transport services (State aid; burdens and obligations of public service in the transport sector).

2. Transport infrastructures

• 2.1.Ports and port services (port definition; port management system according to the Italian reform introduced by Law no. 84/1994; port services and technical nautical services);

• 2.2.Airports and airport services (airport definition; airports management system; airport services).

 

Readings/Bibliography

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

It is relevant to note that 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. Students should therefore study on the 2015 edition of the textbook.

Considering the several sources of law, doctrine and jurisprudence indicated in the textbook, it is relevant to note that students are not required to give a slavish exposure of the rules of law, doctrinal and jurisprudential debate, but to offer a reasoned and summarized exposition of the relative legal principles.

Teaching methods

The Course will be held in the 1st semester and is aimed at soliciting students'participation. Students, who will have acquired the frequency in the academic year 2018-2019, will take the exam starting from January.

Lessons are supported by seminarial activities/workshops on the main topics discussed during the Course.

Assessment methods

The final exam is an oral colloquium, intended to test the knowledge of the student, who will be invited to discuss the different legal issues analyzed during the lessons. It will be particularly appreciated the ability of the student to identify, among the law sources and bibliography, the useful information necessary to underline the learning and the discussion of the specific features of the Transport Law discipline. 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.

Examination program for the students who do not attend the lessons

The program for the final exam is based on the topics listed below and illustrated in the related chapters of the textbook.
In particular, students shall choose and study ONE of the following two Parts of the Program (Part I and Part II are alternative to each other and shall be chosen by the student).

Part I:

1. Maritime services;

2. Air services;

3. Rail transport services;

4. Road services;

5. Public passenger transport services;

6. Financial public support for transport services.

As an alternative to Part I students can choose and study Part II

Part II:

1. Maritime services;

2. Air services;

3. Rail transport services;

4. Financial public support for transport services.

5. Ports and port services;

6. Airports and airport services.

Special program for students partecipating to the Socrates – Erasmus Project:

In the view of the final examination the above-mentioned students could prepare a special programme.

Erasmus students shall study ONE Chapter of the textbook chosen between the chapters listed below:

1. Air services;
2. Maritime services;
3. Rail transport services;
4. Ports and port services;
5. .Airports and airport services.

Afterwards Erasmus students shall present a personal research on a specific topic (chosen by the student and, anyway, different from the subject of the chosen chapter of the textbook) relating to Transport law, following a comparative perspective between current Italian regulations and regulations in force in the context of the country of origin.

Examination program for the students attending assiduously the lessons

The Professor can decide a different program for the exam with students, who will assiduously attend 70% of the lessons. This program will be announced by the Professor at the beginning of the lessons. The attendance in this case, will be verified through periodic collection of signatures.

Teaching tools

With reference to attending students, please note that any supplementary educational materials, concerning the topics analyzed during the lessons, will be made available to students in paper format or in electronic format on the website: http://campus.unibo.it/. Username and password are reserved for students enrolled at the University of Bologna.

Office hours

See the website of Stefano Zunarelli