AIR LAW

Single discipline educational activity

Course Sheet

Academic Year of enrolment:

2019/2020

Type of Course:

Elective Course

Optional/Mandatory:

Optional

Degree:

Master's Degree Programme in BUSINESS ADMINISTRATION

Location:

OLBIA

Disciplinary Sector:

Navigation Law

Credits:

Programme Year:

Professor and Collaborators:

MORANDI Francesco

Hours of classroom activity:

Prerequisites:

Private law course.

AF code:

A002268

Assessment Methods

Verification of learning:

For attending students, the assessment of learning takes place according to two alternative methods, aimed at evaluating the theoretical knowledge and the ability to apply skills on the topics of the whole program. Mode 1 - Examination divided into two intermediate learning checks, carried out during the course, in the form of open-ended questions, referring to different parts of the program indicated in class. Each of the checks is assigned a score in thirtieths, which averages the formation of the final vote. The examination is completed by an oral exam, to be held after the end of the lessons in one of the sessions of the year of the course, composed of a question, which concerns the remaining part of the program. Students with an assessment inferior to 18/30 in one or more written tests, or who do not intend to use the partial mark for the purpose of calculating the final grade, will be required to take the oral exam on the topics related to the failed exam. Mode 2 - Complete oral exam, as indicated for non-attending students.
For non-attending students the assessment of learning takes place through an oral exam, which covers the whole program. The exam consists of three questions, which focus on different parts of the program, each of which is assigned a score of 10/30. The exam is considered passed by the student who reports a rating of not less than 6/10 in each of the questions, while the final evaluation is obtained through the sum of the partial votes reported.
Distance exam modality - COVID-19 period: oral.

Teaching period

Second semester

Objectives

The course aims to allow the knowledge of air law institutes, in its public and private aspects and in its multiple national, European and international dimensions, through the study of the basic rules, the contractual forms and the main cases, with particular attention to passenger rights and airport management.
At the end of the course the student will have acquired (expected results):
- knowledge and understanding: the student will acquire good knowledge and understanding of the fundamental principles and institutional aspects of air law, regulatory competences and administrative functions of national, European and international entities and organizations, infrastructure management, air transport services and access to the market, contractual and liability profiles, aeronautical insurance, safety and security, with special reference to the reform of the aeronautical part of the navigation code, the protection of passenger rights and the European air transport policy;
- ability to apply knowledge and understanding: the student will be able to explain the socio-economic reasons that guide the choices of the legislator, the behaviour of operators and passengers, the decisions of the national, European and international jurisprudence, as well as to apply the theoretical concepts to public organization and to the institutional aspects of air transport, to interpret and apply the rules relating to the exercise of aeronautical activities, to interpret and apply the main air transport contracts;
- autonomy of judgment: the student will develop a capacity of orientation between the regulatory sources and the management of contractual solutions, and autonomy of judgment in interpreting and applying the main juridical principles and the legal aspects of administrative, economic and social phenomena related to air transport, in their various public and private components;
- communication skills: although teaching does not include specific activities aimed at developing communication skills, except those implicit in learning skills, the student will be able to use technical language in describing, interpreting, evaluating and applying the fundamental principles and essential concepts of air law;
- learning skills: teaching provides the basis for the learning of air law, through a process of deepening the knowledge of the essential principles and fundamental institutes, in its theoretical aspects and in the practical implications, guaranteeing the necessary tools for the understanding, interpretation and application of the legal rules, as well as the access to the following levels of training, participate in a public competitions and play a role in private companies.

Contents

The course focuses on the principles and institutional aspects, regulatory and administrative competences, national, European and international Institutions, infrastructure management, air transport services and market access, contractual profiles and liability, insurances, with special reference to passenger rights and airport management.
In particular, the course focuses on historical profiles and sources of air law, national and international aeronautical institutions, public goods of air transport, airport management and handling services, air transport services and the liberalization of the European market, the slot regulations, the aircraft, the figure of the operator and its auxiliaries, the captain of the plane, the contracts for the use of the aircraft, the agreements between airlines, the air transport contract and the liability of the carrier, the responsibility for damage to third parties on the surface, aeronautical insurances, criminal law profiles of aviation law, recreational and sports flying, security and safety regulation, airspace discipline, UAVs (Unmanned Aerial Vehicles).
A specific in-depth study is reserved for the reform of the aeronautical part of the navigation code, the protection of the rights of air transport passengers and the European air transport policy, with reference also to the regulation of territorial continuity.

Recommended Bibliography

The study can be conducted on one of the following texts, in agreement with the Professor:
- R. Lobianco, Compendio di diritto aeronautico, Giuffrè, Milano, last edition available;
- A. Masutti, Il diritto aeronautico. Lezioni, casi e materiali, Giappichelli, Torino, last edition available;
- S. Zunarelli - M. Comenale Pinto, Handbook on the law of navigation and transport, Cedam, Padova, ult. ed. available, limited to the parts related to the aviation law;
Different or more texts can be adopted upon agreement with the teacher by attending students.
Additional material may be available on the website www.uniolbia.it.
It is however essential to consult an updated edition of the Italian Navigation Code and the international conventions of reference.

Teaching Methods

The course proceeds through lessons, aimed at providing basic knowledge, in-depth seminars, aimed at strengthening the knowledge of the issues dealt, and practical exercises, aimed at increasing the ability to understand legal problems, to apply the concepts learned, to develop autonomy judgment and communication skills. During the lessons, seminars and exercises will be in-depth, among other things, the knowledge of the main public organizational systems (national, European and international), the general conditions of contract and the main jurisprudential orientations. The material distributed in class will be made available on the platform www.uniolbia.it.

Contacts/More Information

The Professor is available to provide tutoring service and to offer additional explanations, also in English or in French.
Further information and supplementary teaching material are available on the Department website.
Foreigners students can take the exam in English or in French.
The Professor can be contacted at the following email address: morandi@uniss.it.

AIR LAW

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AIR LAW