With the season now almost over and after the recent strike by the sector on 9 August, the Government continues to work towards finding a regulatory solution that can resolve the issue of beach concessionsThe discussion focuses mainly on two alternative models: on the one hand, the “government model” which provides for the right of pre-emption for outgoing concessionaires accompanied by an indemnity for investments made on the beaches; on the other hand, the so-called “Bellaria model”from the name of the first Italian municipality that proposed it.
The “Bellaria model” It is based on the idea of establishing a contract of public-private partnership (PPP)considered the most suitable legal instrument to promote cooperation between public bodies and private companies in the field of infrastructure And serviceswith a medium-long term perspective. According to this proposal, the private sector would be called upon to make investments on the coast, aimed at the construction of works of public interest, in exchange for automatic renewal of the concession in force by the municipal body.
Legally, this situation would be configured as a form of contractual partnershippursuant to Article 174, paragraph 3, of the new Public Contracts Code (Legislative Decree 36/2023)This rule establishes the possibility of entering into agreements based on the cooperation between public and private entities, with the aim of designing, building and managing public works. Such agreements can be implemented both through traditional procedures and through the mechanism of project financing.
However, upon closer inspection, the “Bellaria model” presents critical issues that compromise its effectiveness in resolving the issue. In particular, the automatic renewal of the concession risks violating the principles of advertising And transparency in the selection process, as established by the Bolkestein Directive and reaffirmed by jurisprudence community And national. This automatism could perpetuate a privileged condition for current dealers, in contrast with the need to open the market to effective and transparent competition.
Precisely for these reasons, the proposal of the “Bellaria model” has not yet obtained the authorization from the Municipality of Riminiwhich seems to hesitate in adopting a solution that could be incompatible with the regulatory framework European and with the required transparency and competition needs.
In this context, it is essential to also consider the evolution of jurisprudence regarding beach concessions. The Court of Justice of the European Union has repeatedly reiterated the importance of ensuring effective competition and respect for the principles of non-discrimination, equal treatment And transparency. These principles require that the choice of concessionaires must take place through competitive and open procedures, which allow new operators to access the market, avoiding situations of monopoly or oligopoly which could harm the interests of consumers and undermine the balance of the market.
Furthermore, the Constitutional Courtin the recent past, has confirmed the need to comply with European provisions, underlining how the national legislator cannot introduce derogations or exceptions that compromise the full application of the Bolkestein Directive. This jurisprudential orientation places further limits on the adoption of models that provide for the automatic renewal of concessions, forcing the legislator to seek solutions that are in line with Union law.
In light of these complexities, the Government may have to review its strategies, evaluating the possibility of introducing measures that promote a gradual transition towards a more open and competitive concession system, but which at the same time protects the acquired rights and investments already made by current concessionaires. A possible solution could consist in the adoption of a regime transitory which allows to balance the needs of market opening with the need not to excessively penalize the economic operators already present, guaranteeing a sufficiently long adjustment period.
Finally, it is appropriate to consider the impact socio-economic that a reform of the beach concession system could have on local communities and on the tourism sector as a whole. Beach concessions represent, in fact, a fundamental resource for many local economies, and any regulatory intervention (even local) will have to take into account the peculiarities of the sector, in order to avoid negative effects on the economic and social fabric of coastal areas.