There norms who have ordered automatic renewal of beach concessions “I am at odds” with Article 12 of the European Directive and therefore “it shall not be applied”. He writes it Council of State Intervention in a local matter: the community manduria it had extended all state-owned maritime concessions to 2033 after objections from some coastal companies. The President of sixth section of the Council of State and its advisers say what is already known: “The automatic renewal of the existing state maritime concessions is in stark contrast to, and must be, the aforementioned regulation under Article 12 of Directive No. 2006/123/EC, consequently by no body rejected by the state”.
So not just them norms of the Budget Law for 2019 of the Conte government, which extended the concessions until 2033, but also the new rules of the Milleproroghe of the Meloni government (Law 14 of February 24, 2023) must be rejected by any state organ for contradicting the EU directive, whose non-compliance since years and has since launched infringement proceedings against Italy 2020.
The State Council – which had already expressed itself in two sentences in 2021 – reiterated that this was not possible other extensionsItaly is in breach of the Directive Bolkestein which is itself applicable and aims to promote competition, particularly in those sectors of the economy where commodities are scarce, such as state ownership of Italian beaches.
“The judgment of the Council of State does not surprise us. The judges had already announced in 2021 that they would consider a subsequent extension of the beach concessions to be ineffective. However, we claim the regulation introduced with the implementation into law A thousand extensions and Parliament’s right to legislate. After this announcement, we call on the government all the more to speed up the mapping of the coasts. Once we have a clear picture of how much of the Italian coast is currently occupied and how much remains vacant, we can demonstrate to the European Commission that there is space to allow new concessionaires to enter. That is, what the Italian coasts cannot be considered a scarce resource and consequently State concessions for maritime transport are not covered by the Bolkestein Directive. This is the political battle that the League has always waged and will continue to wage in Italy and in Europe, calling on its government allies to do the same, in line with the commitments made during the election campaign. We do not want a simple extension, but a final solution to this problem, which has occupied around 30,000 companies for years and which does not even offer the municipalities a clear regulatory frame of reference.” Gian Marco Centinaio (Lega) and commented on the news of the new judgment of the Council of State.
It is recalled that the President of the Republic, Sergio Mattarella In a letter to the Presidents of the Chamber and Senate at the time of signature on February 24, he had expressed “specific and relevant confusion” and recalled the finding of the European Court of Justice that “the extension was considered incompatible with European law concessions” and are differ by EU law, also taking into account the market opening commitments made by Italy with the Pnrr”.
Palazzo Spada, Seat of the Council of State, Rome