The State-owned Maritime Concessions in Italy: the Cross-border Interest Issue and the Ongoing Reform of the Sector
Articolo
Data di Pubblicazione:
2022
Citazione:
The State-owned Maritime Concessions in Italy: the Cross-border Interest Issue and the Ongoing Reform of the Sector / A. Monica. - In: REVIEW OF EUROPEAN ADMINISTRATIVE LAW. - ISSN 1874-7981. - 2022:2(2022 Aug 10), pp. 35-54.
Abstract:
The Italian State-owned maritime concessions regulatory framework
testifies the seminal impact of Title IV of the Treaty of the Functioning of the
European Union (TFEU) and of the Services Directive (Directive 2006/123/EC) on
national administrative procedures. Recently, the Plenary Assembly of the Council
of State (following the reasoning of the Court of Justice of the European Union (CJEU)
in joined cases C-458/14 and C-67/15 Promoimpresa and Mr. Melis), has confirmed
the illegitimacy of the automatic extension of State-owned maritime concessions
provided by the Italian law until 2033, as contrary to both Article 49 TFEU and Article
12 of the Services Directive. It has modulated the effects of the unlawfulness of
the ongoing extension calling on the Italian legislator to reform the sector's regulations
by the end of 2023. Therefore, both the legislator and the national administrations
will have to find a balance between all relevant interests at stake in a transformed
service market of bath tourism, since the beginning of the implementation of the
Services Directive. Moreover, also in a case-by-case analysis of the 'scarcity of available
natural resources', they both will have to consider the cross-border interest of these
concessions as necessarily existing in re ipsa, whilst balancing this aspect with some
peculiar features of the Italian bathing sector. Firstly, it is clear how the national
legislator has to implement the EU law taking into account the concrete facts and
context at stake. Secondly, the protection of private operators and of recipients is a
basic condition not only for a general equitable and solidarity-based reform, but also
for each selection procedure.
Tipologia IRIS:
01 - Articolo su periodico
Keywords:
state-owned maritime concessions; cross-norder interest; Services Directive; private-operators; recipients;
Elenco autori:
A. Monica
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