|SCIENTIFIC DISCIPLINARY SECTOR||IUS/14|
|MODULES||This unit is a module of:|
The module wishes to offer a general overview of the EU action in transport matters and - to that end - analyses the relevcant sources of law (namely primary and secondary EU legislation, case-law of the Court of Justice of the European Union, soft law).
The module is divided in two parts:
- the first one analyses fundamental notions of EU law
- the second one deepens the study of EU legislative provisions in transport and safety.
The module aims at providing to students the essential research and analysis tools in the field of EU (and international) transport law by studying, on the one hand, the specificities of the Union, its sources of law and relationships with domestic law, and, on the other, the relevant legal framework and policy in transport matters (maritime, air, road, and rail transport), highlighting common and divergent marks between the different fields, and their impact on safety, access - and management - of infrastructures, and access to the market.
Students are invited to subscribe to the Aulaweb page, to access materials and newsletter.
The module aims at providing to students the essential research and analysis tools in the field of EU (and international) transport law.
At the end of the course the students will be able:
- to undestand the functioning of the EU legal order;
- to have adequate knwoledge of the competences and powers that the EU has in the field of transport;
- to have adequate knowledge of the ongoing process of liberalisation in the transport sector;
- to easily search for the relevant sources of EU law and to undestand their importance for the solution of practical problems.
Traditional frontal lectures, with presentations of both decisions of the Court of Justice of the European Union and ppt presentations by Students.
A) EU law
- International law and transports.
- EU and transport: competences and conditions for their excerise.
- EU and transport: sources of law.
- The decision-making process.
- Judicial protection in the EU.
- EU and persons: free movement of people, workers, freedom of establishment, services, recognition of professional qualifications.
- The shared compentence of the EU in transport matters
- The principle of subsidiarity
- Primary EU law
i. Infrastructure networks
- EU transport policy
- Transport and Liberalisation
i) The principle of separation of operators of the infrastructure from providing services to customers
ii) The principle of separation in:
a. Ports, and maritime transport
b. Airoports, and air transport
c. Railway, and rail transport
d. Road, and road transport
iii) State aid
a. prohibition of State aid
b. State aid as a tool to revitalise transports
- The protection of the transport passengers
- Transport and EU environmental policy: sustainable mobility
- Rules concerning the liability of the carrier:
i. international uniform rules
ii. problems of private international law (overview)
- Techincal harmonisation
The following books are useful references to learn the subject of this module.
The following bibliography is reccomended:
a) Klaus-Dieter Borchardt, The ABC of European Union Law, Luxembourg, 2018
available at the following address: https://op.europa.eu/en/publication-detail/-/publication/5d4f8cde-de25-11e7-a506-01aa75ed71a1
b) M. Colangelo - Z. Zencovich, Introduction to European Union Transport Law, Roma, 2019
available at the following address: http://romatrepress.uniroma3.it/wp-content/uploads/2020/01/Introduction-to-European-Union-transport-law-III-edizione.pdf
Office hours: Students can talk with the professor every Monday from 9 a.m. to 12 a.m. at Department of Political Sciences, Albergo dei Poveri, Central Tower, third floor. For better organizing the meetings, students are kindly invited to write in advance the address: firstname.lastname@example.org. During the COVID-19 emergency, meetings will take place on the online platform Teams (channel code: 3h0wr34). The Teams channel could be used also for lessons and/or exams in case of weather alert.
PIERANGELO CELLE (President)
MARIA ELENA DE MAESTRI
LAURA CARPANETO (President Substitute)
STEFANO DOMINELLI (President Substitute)
The starting date of the course will be published on the Aulaweb page
All class schedules are posted on the EasyAcademy portal.
Students attending classes will have the possibility to take a written test (one for each parts of the module). The positive grading of the test(s) exonerates from the oral examination.
Students not attending classes will take an oral examination.