L’insostenibile proroga delle concessioni del demanio marittimo tra tutela della concorrenza ed esigenze di ripartenza

Abstract

The paper deals with the uneasy legal discipline of the maritime domain state concessions, after the last formal notice of the European commission to the Italian Republic, keeping in consideration the actual European Union and national legal framework (both legislative and judiciary). The work, in particular deals with the last extension of those concessions and its incompatibility with the European competition and market rules. The paper analyzes the last judiciary decision of Italian administrative courts and of the Council of State that, as criminal judges and the Constitutional Court, all reject to apply the Italian law that contrasts with the European law. Then, even by a comparative study of other European Union member States law, the work tries to give a contribution to a new and not more postponable bill on concession that the Italian Republic has to approve in order to get the national recovery plan approved by the European commission. The work tries to also find some temporary solutions for those concessionaries who have suffered from the pandemic. In addition, the paper also deals with the controversial fate of those administrative acts adopted on that of such a national law declared incompatible with the European Union law, trying to find an answer on this complex theme, not at the same way dealt by doctrine and by the judiciary.