Seaside concessions, Council of State: extension until December 2023

Bathing concessions, the Council of State extends the current ones until December 2023. The plenary meeting, with two rulings published today, in fact established that to allow the public administration to “undertake as of now the operations functional to the initiation of of tender “, to” allow the Government and Parliament to dutifully approve a legislation that can finally regulate the issue of state-owned concessions in compliance with the EU system “, as well as to avoid the social and economic impact of the decision, the current state-owned concessions seafarers will be able to continue until 31 December 2023. From the day after 31 December 2023, explains the Council of State, there will be no possibility of further extension, not even through legislation, and the sector will in any case be open to competition rules. After this deadline, therefore, “all state-owned concessions must be considered ineffective, regardless of whether or not there is a substitute in the concession”. The plenary meeting of the Council of State, noting “the exceptional attractiveness of the coastal heritage national “, affirmed that the persistent absence (despite the repeated announcements of a legislative reform intervention, but never implemented) of an organic national discipline of state-owned maritime concessions generates a situation of serious conflict with the rules to protect competition imposed by EU law, because it allows automatic and generalized extensions of the current concessions (the last, however, of an abnormal duration, until 31 December 2033), thus preventing anyone who wants to enter the sector from doing so. According to the judges of Palazzo Spada, the competition, in addition to being imposed by EU law, “is extremely valuable for guaranteeing citizens a management of the national coastal heritage and a related offer of public services that are more efficient and of better quality and safety, being able to contribute significantly to economic growth and, above all, to the recovery of the investments that the country needs “. The current dealers will still be able to participate in the tenders that will have to be announced.

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