La proroga (in)finita delle concessioni demaniali marittime e l’immediata applicabilità del diritto ue nel diritto interno. La rimessione alla Corte di Giustizia UE dell’ordinanza Tar Puglia, Bari, 11.05.2022, 1. n. 743

Abstract

This contribution is intended to retrace the legal history of state-owned maritime concessions, the discipline of which, following the order of referral to the EU Court of Justice, has suffered a partial and further setback, resulting in de facto a delay on the path towards free competition also in this sector.

And in fact, since the first discipline that involved the maritime state-owned concessions, the same were entrusted to certain subjects, through more or less comparative procedures, which was followed by a substantial repetition of extensions upon extensions, up to the creation in positive law of the so-called Right of insistence, understood as a preferential title of the old concessionaire on any claims of other subjects with reference to the same state property