Home » For seaside resorts, the State Council has referred to as for tenders instantly. “What must be achieved even when the useful resource didn’t exist”

For seaside resorts, the State Council has referred to as for tenders instantly. “What must be achieved even when the useful resource didn’t exist”

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For seaside resorts, the State Council has referred to as for tenders instantly.  “What must be achieved even when the useful resource didn’t exist”

Three sentences to return the strain in a transparent manner: the seashores have to be tendered. Just a few days after the ultimate sentence on this case, CDS broadcasts the imposition of three sentences. When he says that strange adverbs are mistaken. The conclusion he reaches even earlier than and no matter whether or not our coast is a scarce useful resource or not; and the federal government, counting on this second thesis, thus seeks to flee the accountability of questioning the possession of the coast.

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“With three sentences filed at the moment and associated to the judgments primarily based on the choices of the joint sections of the Cassation and the Court of Justice, the Council of State has reaffirmed the consolidated rules of its legislation on the illegality of common maritime extensions. state permits for tourism functions” established a number of occasions by the federal government between 2018 and 2023. With the Council of State, the extensions are “opposite to the rules of competitors and freedom of multinational not solely within the so-called Bolkestein. Directive, but in addition in artwork.49 of the Treaty on the Functioning of the European Union”.

Beaches, the Council of State denies the federal government: “The assets are scarce and the extension is prohibited, the tenders should begin instantly”

April 30, 2024


The guide explains that “The Council of State has clarified that the non-application of nationwide legal guidelines concerning the permission of the state of the ocean is important earlier than and with out the evaluation of the difficulty of lack of assets., even when it doesn’t seem like decisive as even whether it is believed that the useful resource just isn’t obtainable, the chosen procedures will nonetheless be put to artwork. 49 of the Treaty on the Functioning of the European Union the place there’s a particular cross-border curiosity and nationwide legislation even when there is no such thing as a such curiosity”.

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Therefore, the Federal Council reiterated the necessity for municipalities to right away begin neutral and clear tender processes for the allocation of contracts which have expired on December 31, 2023.. In relation to the beginning of the showering interval, the Council of State recalled the content material of the clear provision of the legislation (artwork. 3, part 3, of the legislation quantity 118/2022 in its unique model and repealed the amendments made by the legislation. No. 14 of 2023), which permits that, if there are difficulties in finishing the tender, there solely what is named a technical extension till December 31, 2024 for the expired agreements of the Municipalities which have determined to start out them or have began the tenders. to present permission”.

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