The new European legal framework for public transport: good or bad news for the development of the sector?

摘要

This paper aims at analyzing the excursus of changes occurred within the regulatory framework of services of public interest at a European level, at a national level and at a municipal level. We will analyze causes and impacts of the transformation of ATAC, the Special Company for Ground Transportation of the Council of Rome, into ATAC SpA the Agency of Mobility of the Council of Rome which is now a joint-venture company. The case of Rome is emblematic of the changes that the European Union has been pursuing in the last few years, changes that have come to an end with the issuance of the Statute for Services of Public Interest whose procedure ended after 7 years of work. Up until the '90s, services of local public transportation in Rome, as well as in most Italian cities, were managed by the council with a monopolist form of management through ATAC, the municipality-owned company (later Special company) for ground transportation, and through CO.TRA.L. for underground and railroad transportation, basically putting into practice what is now known as "in house" dependance. The law 59/97 (cd. "Bassanini uno"), and its following implementing decree (n.422/97), have started to modify the rules of the Italian Local Public Transportation (LPT) sector so as to pass gradually from a monopoly to regulated competition. Notwithstanding the initial goal in Italy was to arrive to call for tenders for the managing of the service (market competition) starting from January 1st 2004, after a transitory period of only 3 years, such goal in Rome (as well as all over Italy and particularly in big cities) has been realized only in part, generating a moment of operational uncertainty which was overcome thanks to a further extension of the transitory period itself, whose deadline has been recently set for December 31st 2007. This paper will present an excursus both on the regulatory aspects and on the institutional changes that occurred to public companies and agencies operating in the mobility sector in Rome. The paper will also propose a short term view of Roman LPT companies which should prepare themselves to leave the monopoly.