LEGAL ASPECTS OF SGEI REGULATION
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- GIULIA MATTIOLI
- Credits
- 9
- Curriculum
- Politiche e performance pubbliche
- Didactic period
- Secondo Semestre
- SSD
- IUS/05
Training objectives
- To learn the general features of SIEG regulation, in order to comprehend the instruments of the public action in economy, with particular reference to the Regulatory Authorities for public utilities (in particular ARERA and ART). A special part of the course will be dedicated to the public transport service, the integrated waste service (SRTRU) and the integrated water service (SII). The course will also consider the impact of new technologies (i.e.: digital platforms) and mandatory environmental requirements.
Prerequisites
- Basic knowledge of Administrative Law, with particular reference to public service law.
Course programme
- A) Part I
General Profiles
- Services of general economic interest: the EU and national notion. The principles of EU law: open market economy. The principle of competition: exclusive rights and competition in/for the market. Public financing of SGEI and its compatibility with state aid rules. The different categories of public services.
- Market and public intervention in the economy (the subjects and the instruments): relations between public institutions and markets; the forms of public intervention: the types of public enterprises. The phenomenon of privatization and liberalization. The forms of management of public services.
- Independent administrative authorities: in particular, regulatory authorities for public utilities. Characteristics, powers and financing arrangements. The relationship between the different independent administrative authorities. The relationship with other EU institutions.
- Regulation: the relationship between regulation and competition; the relationship between regulation and policy; the extent of regulators' power: the relationship between regulation and law. The regulation of network services (legal regime of infrastructure; access, prices and quality of services).
- Service charters and the protection of utility users.
B) Part II.
Special part. Examination of case studies.
1. ARERA and SRTRU
- European and national regulations pertaining to the integrated waste service
- Area entities and forms of service management
- Sector regulation of environmental services: fact-finding surveys, tariff regulation acts and case law guidelines
- The role of ARERA as the national regulator of the integrated waste service
2. ARERA and the SII
- European and national regulations pertaining to the integrated water service
- Networks and infrastructure endowments: public ownership and planning of interventions
- Area entities and forms of service management
- The role of local authorities and proximity regulators
- The role of ARERA as the national regulator on water services
3. ART and local public transport services
- European and national regulations pertaining to the local public transport service
- The difficult opening of the sector to competition: management issues (networks, infrastructure, personnel, entrustment)
- The role of the ART as a national regulator on local public transport: the regulatory functions of the ART and the interference with other relevant public entities (state, regions and local authorities; other independent administrative authorities)
- The evolution of the concept of mobility and new policy requirements: mobility sustainability needs and technological innovation (mobility platforms; circular urban mobility system; etc.) Didactic methods
- Lectures, with the aid of thematic slides. Examination of case law and provisions of the regulatory authorities. Classes will be held remotely and in-person (more details will be provided with the publication of the class calendar). It should be noted that to deal with the emergency situation due to COVID-19, the "didactic methods" indicated may take place in a different way than described.
Learning assessment procedures
- Oral examination.
For attending students: there may be midterm examination tests (written exam; individual written reports and/or group working papers) which, if successfully passed, may count toward the final exam. It should be noted that in order to deal with the emergency situation COVID-19, the "learning verification procedures" indicated may take place in a different way than described. Reference texts
- Teaching materials will be indicated and be available on the dedicated teaching classroom.
