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EU TRANSPORT LAW

Academic year and teacher
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Versione italiana
Academic year
2020/2021
Teacher
MASSIMO CAMPAILLA
Credits
6
Didactic period
Secondo Semestre
SSD
IUS/06

Training objectives

As many other areas of law, transport law and air and maritime law are increasingly influenced by EU law. However, such influence mainly –if not almost exclusively¿ concerns the public law of transport.
Therefore, the course aims at analysing public law in the field of transport and at verifying its evolution in light of the changes that have occurred in the EU (at legislative and case law level). The objective is that of providing students with a clear overview of the public law that governs the management of main transport infrastructure and that sometimes influences also the dynamics of contractual relationships between the parties to the contract of carriage. As mentioned, these aspects will be analysed considering the influence of EU law.
At the end of the course the students will have acquired the following skills:
- ability to discuss the rules governing each transport and transport service infrastructure also in light of the evolution of Italian and EU case law and legal literature;
- Ability to understand the practical consequences of the acquired notions on the domestic transport policy and on the commercial and industrial dynamics;

Prerequisites

Good knowledge of the key principles studied during the exams of Costitutional Law, EU Law, Private Law is required.

Course programme

The 40 hour programme of the course is structured as follows:

Main transport infrastructure: assets and management models (20 hours)
- Port infrastructure and related services: legal framework and safeguarding of competition in light of EU case law;
- Airports and airport services;
Transport services (20 hours):
- Rail transport and the EU liberalisation policy;
- Road transport of goods: market rules and road safety;
- Maritime services;
- Air services;
- Local public transport services;

Didactic methods

During classes the various institutions and principles of the public law of transport will be examined also in light of the influence of EU law on the sector. Teaching material (legislation and case law) provided by the teacher will also be analysed.

Learning assessment procedures

The exam consists of an oral test. The questions asked to the student will have the aim of verifying the acquisition of the knowledge and skills specified in the above "Main learning outcomes".
The examination mark is the result of the average of the marks attributed to each of the student’s answers, unless the student has gaps that do not allow the attribution of a positive mark.
Attending students will have the possibility to take the exam close to the end of the course.

Reference texts

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