Monitoring and reporting in transport infrastructures and services’ concessions: the State’s role as controller of the concessionaire’s performance and the need of flexibility of the concession contract. Best practices and critical aspects from an administrative and

Abstract

In recent years, many efforts have been made for favoring public and private investments in infrastructures and strategic services in order to update infrastructures and improve services without excessive financial outlay. However, the efficient development of ports, airports and motorways largely depends on an effective monitoring by the competent authorities and on an appropriate consideration of all the administrative steps required, both at national and local level. More clarity is required about identification of authorities or entities in charge of monitoring and reporting activities during the concession, by identifying the monitoring and control procedures that the public authorities should carry out during the concession and providing them with the appropriate administrative and technical instruments in order to verify the correct fulfillment by the concessionaire of the activities entrusted by means of the public concession. Moreover the granting body (or other competent public body) should be given the appropriate legal and technical instruments necessary to adapt the obligations of the concessionaire to the (new) public interests arising from the concession's award, and that, of course, could not be considered at the moment of the drafting of the concession contract. In this perspective, a certain degree of flexibility should be given to the concession relationship.This PRIN is an ambitious project aimed to identify – through an interdisciplinary (legal and technical) approach – the best practices and to develop new measures to control and monitor the activity of the concessionaires of port terminals, airports and motorways. In particular, guidelines will be proposed for concession granting bodies, via a comparative analysis of the models adopted in EU Member States to verify the monitoring compliance systems and the sanctions applicable to concessionaire, potential mechanisms of incentives and penalties.

Risultati attesi: 

In recent years, significant efforts have been made to encourage public and private investments in infrastructure and strategic services, with the goal of modernising facilities and improving services while containing financial burdens. However, the effective development of ports, airports, and motorways relies heavily on robust oversight by competent authorities and on the proper management of all administrative procedures at both national and local levels. There is still a need for greater clarity regarding the identification of authorities or entities responsible for monitoring and reporting throughout the duration of concessions. This includes defining the procedures that public bodies should adopt to ensure systematic supervision and providing them with adequate administrative and technical tools to verify that concessionaires fulfil their obligations correctly.Furthermore, it is crucial to equip granting authorities (or other competent public bodies) with the legal and technical instruments needed to adjust the concessionaire’s obligations in response to new public interests that may emerge after the award of the concession, interests that could not have been foreseen during the initial drafting of the contract. To this end, a certain degree of flexibility must be embedded within concession relationships to reconcile the long-term nature of these contracts with evolving public needs.

The main objective of the Project is to investigate, from both legal and technical perspectives, the complex issue of concessions in the transport sector, with particular attention to the role of the granting authority and the various public bodies responsible for supervising and monitoring the management of concessions and the investments made by concessionaires. Through an in-depth analysis of current legislation, administrative practices, and the most recent case law developments, this research aims to explore the main legal issues concerning the governance and regulation of transport service and infrastructure concessions. The project will highlight emerging challenges and the latest legislative developments at national and European levels, which seek to modernise the regulatory framework and promote a more sustainable and efficient management of public resources. A further focus will be dedicated to the procedures for awarding local public transport services, examining the impact of the concession regime on the management and organisation of these services.

This PRIN project adopts an interdisciplinary approach, combining legal and engineering-technical perspectives, to identify best practices and develop innovative measures for monitoring and controlling the activities of concessionaires operating port terminals, airports, and motorways. In particular, it aims to identify practical guidelines for granting authorities, based on a comparative analysis of the models used in EU Member States. The project will examine compliance monitoring systems, applicable sanctions, and possible incentive and penalty mechanisms, with the ultimate goal of improving the effectiveness, adaptability, and accountability of infrastructure concessions.