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 debatedeveloped in terms of access to the market of transport services and the management of the related infrastructures.

Course contents

The Course aims to analyze the European, national and local legislation, intended to regulate the access to transport services and related infrastructures.

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.

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 (scheduled air services and air charter services; Chicago Convention of 1944; freedom of the air; 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; private airports management system; State airports management system according to article 692 of the Navigation Code; the process of privatization of national airports; handling services).

Examination Program

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.

The Professor can decide a different program for the exam with students, who will assiduously attend 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.

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. Students, who will have acquired the frequency in the academic year 2016-2017, will take the exam starting from January.

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

Information for students partecipating to the Socrates – Erasmus Project:

In the view of the final examination the above-mentioned students could prepare a special programme. It is important not to forget that lessons will be carried during the first semester and that the final oral examinations start from January.

Thesis on Transport Law

An assiduous attendance of the lessons, as well as a good knowledge of English language,  represent preferential elements to be taken into consideration in order to ask the Professor the possibility to elaborate a thesis on Transport Law. Due to the high percentage of students asking thesis on Transport Law, an appropriate list of students have been prepared. The topic of the final discussion will be chosen by the student together with the Professor after the oral colloquium, intended to understand the personal interest of the student in the present matter. In view of the waiting time, is recommended to apply for the award of the title of the thesis long before the last examination provided in the students' exams program.

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.

Teaching tools

With exclusive reference to students attending lessons, any teaching material,supplementary to the topics covered by the Course, may be published on the following web site :  http://campus.unibo.it . The access is granted only to students attending the University of Bologna.

Office hours

See the website of Alessandra Romagnoli