B0051 - DIRITTO DEI TRASPORTI E DELLE INFRASTRUTTURE

Learning outcomes

The aim of the course is to enable students to develop adequate analytical skills for understanding the international, European and Italian regulatory framework of Public Transportation Law. Special attention is paid to the regulation of maritime, air, and land transport, and to the management of the relevant infrastructures.

Course contents

The course aims to provide students with an appropriate knowledge of the principal sources of law that, at international, European and national level, regulate access to transport services and related infrastructures. During the course, the interventions of the Italian Antitrust Authority and the Italian Transport Regulatory Authority will also be examined, in order to allow students to investigate the functioning of Public Transport Law and its being in constant search of a not easy balance between the push towards monopolies and oligopolies and the protection of competition.

In particular, the following subjects will be considered:

• the maritime services: the Maritime Conferences and the Maritime Consortia;
• the port infrastructures and their governance;
• the air services: the Chicago Convention of 1944, the bilateral air agreements, the Open Skies Agreements, the Regulation (EC) 1008/2008, the Single European Sky, the slot allocation;
• the airport infrastructures and the related management models;
• the liberalization of the transport market and the public financial support: State aids and analysis of the main case law on the subject (Ryanair case, Altmark case and Tirrenia di Navigazione S.p.a. case);
• the role of the Transport Regulatory Authority.

Readings/Bibliography

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

Only chapters I, II, VI, VII and VIII shall be studied (the latter limited to sections 1 and 2) (approximately 180 pages).

Teaching methods

The course takes place through oral lectures.

In order to encourage student involvement, during the Course:

- targeted deepening not only on the multiple sources of Transport Law, but also on doctrinal developments and solutions provided by Courts’ decisions will be held, evaluating their impact on the sector, also through the analysis of some case studies;

- the participation of some guests from companies and institutions operating in the sector is expected, who will present their experiences in the field in managing the actual problems and challenges they face in day-to-day activity.

The lessons are divided into didactic-conceptual units, organized according to a path that allows for the gradual learning of the examined topics and case studies, so that students can progressively achieve the goal of navigating through the matter.

Assessment methods

The exam will be held in oral form, according to the following modalities:

- students who have attended at least 70% of the lessons will carry out an oral deepening of a topic chosen from those indicated in the program, after which a question from the Professor will follow on one of the other topics;

- non-attending students will be questioned by the Professor on the entire program.

Teaching tools

Additional study materials, useful for the preparation of the exam, may be made available in due time within the course teaching materials on https://virtuale.unibo.it/ .

Office hours

See the website of Massimiliano Musi