“Red Ferroviaria y Transportes Ferroviarios. Su carácter sistémico y la necesaria coordinación entre Administraciones Territoriales”.
Dr. José Antonio Magdalena. Revista de estudios de la Administración Local y Autonómica, Nueva Época Number 5 (2016), INAP.
The systemic nature of the railway is consubstantial to such an important way of transport, although it has not always been well understood. The notion of network is known by the Economy of Transport and implies considering certain principles and features of networks that explain the peculiarities of network industries, including the railway. In the field of Law, there is a constitutional perspective oblivious to the reality of the railway. Specific legal categories have been developed later, such as the network infrastructures, although said dogmatic constructions are based on a comparison between infrastructure and network that is deemed inadequate or reductive. Finally, the concept of network has been assumed by the Spanish Constitutional Court as a functional element that permits the delimitation of powers in relation to the railway, overcoming formalist criteria oblivious to the reality. It is concluded that any sector-based policy or legal analysis of the railway must take into consideration the systemic condition of the same.