The liberalization process of the market for domestic rail passenger services: the Italian perspective

• Autores: Luigia Di Girolamo
• Localización: Revista de derecho del transporte: Terrestre, marítimo, aéreo y multimodal, ISSN 1889-1810, Nº. 14, 2014, págs. 49-75
• Idioma: inglés
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• Resumen

  • The article focuses on the study of the curren! legal framework concerning rail passenger services across Europe, with particular reference to the legal system adopted by Italy. Starting from the content of Directive 2007/158/EC, the Author studies the importance of the instrument of public service contracts, in arder to underline the significant role played by the "regulatory body" in its choice to decide to (possibly) limit the right of access to the market for new entrants in al/ cases of disruption of the economic equilibrium of a public service contract. The Author focuses on the most significan! provisions of the current Italian discipline about the domestic market for rail passenger services -already opened to competition- through the concrete criteria adopted by the Italian "regulatory body" in its decisions to allow (or not) the activation of a new transport service. The aim of the article is to study the critical aspects of the European and, especially, Italian discipline about rail passenger services, in arder to evaluate if they can be overcome by the en trance into force of the Fourth Railway Package in Europe and the activation of the Italian Authority for the Regulation of Transports.