Despite the late seasona strong contrast persists between the trade associations and the Government about the beach concessionsa topic that has been a critical point for our country for years legislative system. The national legislation has often opted for automatic extensionsregulated by theArticle 37 of the Navigation Codewhich have generated a significant conflict with European regulations. This dispute originated in 2006 with the enactment of the Directive 2006/123/ECknown as Bolkestein directivewhich imposes the obligation of public evidence in the selection of dealerswhere permissions are limited due to the scarcity of natural resources or technical skills.
During this decade of uncertaintywe have seen opposing positions between the Italian legislator and the administrative and community jurisprudenceaggravated by the apparent inertia of the Government. This situation has been further complicated by the infringement procedure launched by Brussels in 2020highlighting the seriousness of the regulatory chaos, as underlined by the proceedings EU Pilot 7641/16/EMPL launched to investigate the inconsistencies.
At the local level, while some Administrations independently manage public tendersdifferent municipal councils continue to extend the concessions established in the early 2000s, resulting in a lack of operational uniformity at the national level. The recent ruling of the Court of Justice of the EUdated July 11, 2024cause C‑598/22added further tension by approving thefree acquisition by the State of the building works carried out by the concessionaires, without hindering the freedom of establishment of economic operators as established by theArticle 49 of the TFEU.
L’Antitrustfollowing the previous moves of theAGCMhas challenged some administrative decisions that extended the concessions without due public tender proceduresurging greater adherence to the principle of transparency and competition as expected from the European law. Faced with numerous unfavorable decisions, the trade union has expressed its intention to appeal to the Court of Cassationmarking an increase in litigation already abundant and heavy.
The urgent need for a clarifying law was emphasized by the interested categories, who, together with the presidents of the main tourist associationsthey recently wrote to the Prime Minister Meloniasking for a meeting to discuss the worrying situation, especially considering the promise made during the government Dragons to maintain the continuity for the historic dealers.
It is certainly worth mentioning the proposal of a compensation for the outgoing dealersinitiative supported by the MP FdI Zucconi and already proposed by Leaguealthough the effectiveness of this measure remains uncertain in such a period historical uncertainty.