La disciplina delle concessioni demaniali marittime nell’attuale contesto normativo e giurisprudenziale. Alcune riflessioni alla luce del nuovo “scontro” tra Commissione Europea e Governo Italiano

Abstract

This paper critically analyses the slow regulatory development of maritime state concessions in Italy and focuses on recent court rulings in light of the conversion law of Decree Law No. 131/2024, known as the “salva infrazioni” (save infringements) decree.

Many issues still need to be resolved: from determining the compensation to be paid to the outgoing concessionaire to the practical procedures for selecting new operators. In the background are “the ghosts of the past”: provisions of dubious compatibility with the EU regulatory framework and the uncertainty that reigns supreme in the offices of the administrations, which lack clear regulatory guidelines to follow.