The rules that have provided for the automatic extension of the beach concessions "are in contrast" with article 12 of the European directive 2006/123, the so-called Bolkestein, and, therefore, " must not be applied" .
This was stated by the Council of State in the sentence in which it upheld the appeal of the Competition and Market Authority against the decision of the Apulian municipality of Manduria to extend the state-owned maritime concessions until 2033.
The concessions will therefore have to expire on December 31 of this year and subsequently be put out to tender.
THE CASE OF THE MUNICIPALITY OF MANDURIA - Considering the resolutions to be in conflict with European legislation, the Antitrust Authority notified an opinion to the Municipality which reaffirmed the need to assign concessions with tenders in order to respect the principles of competition, also emphasizing that, since the Italian legislation for the extension of concessions was in contrast with the European one, "the obligation of disapplication by all organs of the State, both judicial and administrative" should have been triggered. However, the Municipality of Manduria has never complied with the opinion of the Authority, which has appealed to the Tar of Puglia. In June 2021, the latter "declared it, on the one hand, inadmissible and, on the other hand, considering it necessary, in any case, to examine it on the merits, rejected it".
Hence the appeal to the Council of State, with the public hearing held on 16 February and the sentence filed yesterday, in which it is recalled that in the event of a conflict between national and European legislation "the second priority must be given , with the consequent need for all the authorities of the Member State, whether they are judicial bodies or public administrations, to disapply the internal law in favor of the supranational one". Obviously this also applies to the rules inserted by the Meloni government in the Milleproroghe which automatically extended the concessions until 31 December 2024.
THE COMMENT OF CENTINAIO (LEGA) – The vice president of the Senate, Gian Marco Centinaio (Lega), commented on the decision: «The sentence of the Council of State does not surprise us. The judges had already announced in 2021 that any subsequent extension of the bathing concessions would be considered by them ineffective. However, we claim the rule introduced with the conversion into law of the Milleproroghe and the right of Parliament to legislate. All the more reason after this pronouncement, we invite the government to speed up the mapping of the coasts".
(Unioneonline/F)
