The Council of State rejects the extension of the beach concessions at the end of 2024. The measure, contained in the Milleproroghe decree, writes the Council of State in a sentence of 1 March, is “in contrast” with the Bolkestein directive and therefore “must be disapplied by any organ of the state”. The pronouncement of the Council of State in a pronouncement on the subject concerning a question relating to the Municipality of Manduria and the related appeal of the Competition and Market Authority against the administration which had extended some state-owned maritime concessions.
“On the basis of by now more than peaceful and consolidated principles regarding the relationship between internal legislation and self-executing EU legislation, in the event of a conflict between the two, priority must be given to the latter – explain the administrative judges – with the consequent need for all state authorities member, whether they are judicial bodies or public administrations, disapply the internal law in favor of the supranational one”. Article 12 of the Bolkestein directive “where it establishes the prohibition of automatic extensions of maritime state concessions for tourist-recreational purposes is a self-executing provision and therefore immediately applicable in the internal legal system – continues the sentence – with the consequence that the legislative provisions national authorities who have ordered, and who in the future should still order, the automatic extension of the aforementioned concessions are in conflict with it and therefore, must not be applied”.
Finally, “the duty to disapply the internal law in contrast with the self-executing Euro-unit one concerns, by undisputed jurisprudential orientation, both the judges and the public administration”.
HUNDRED – “The sentence of the Council of State does not surprise us” affirms the vice president of the Senate Gian Marco Centinaio (Lega). “The judges had already announced in 2021 that any extension following the bathing concessions would be considered ineffective by them. 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 Once we have a clear picture of how much of the Italian coast is currently occupied and how much remains free, we will be able to demonstrate to the European Commission that there is space to allow the entry of new dealers”. “That is, that the Italian coasts cannot be considered a scarce resource and, consequently, the maritime state-owned concessions do not fall under the Bolkestein directive. This is the political battle that the League has always waged in Italy and in Europe and will continue to do so , also inviting government allies to do the same, in line with the commitments made during the electoral campaign.We do not want a simple extension, but a definitive solution to this problem, which has afflicted around 30,000 businesses for years and which does not offer a clear regulatory framework not even reference to the Municipalities”.
OF THE WIDOW – “The Government insists with arrogance on corporate choices on seaside resorts and continues to slam against the wall” tweeted the MEP from Più Europa Benedetto Della Vedova. “After Europe (and the Quirinal), the Council of State also rejects Meloni. At this point, back off on this too and proceed intelligently with the definition of the tenders”.
CARFAGNA – “It’s hard to stay in government if you made promises during the electoral campaign that you can’t or don’t know how to keep” tweeted Mara Carfagna, president of Action. “Like on Pos, excise duties, naval blockade, seaside resorts, etc., because the list is long. Sooner or later reality presents the bill and in front of the facts, propaganda inevitably evaporates… “.
GASPARRI – “Council of State: to err is human, to persevere is diabolical hands off the bathing establishments” tweeted the vice president of the Senate Maurizio Gasparri, from Fi.
GELMINI – “The bullish game within the majority and the competition between the Brothers of Italy and the League are creating a short circuit that will cause damage to the sector’s operators themselves” says Mariastella Gelmini, deputy secretary and spokesperson for Action. “The bathing concessions must be put out to tender: European legislation says it, the sentences reaffirm it, most recently that of the Council of State and the Quirinale had to remind it after the mess of the milleproroghe decree. From bathing facilities to immigration, from the Pos to the rules on rave parties, the executive takes note that rhetoric and populism are at odds with the responsibility to govern and change the register”.
BONELLI – “The decision of the Council of State warns the Italian Government, recalling that it does not play with European directives and the Constitution” says Angelo Bonelli, co-spokesman of Green Europe and deputy of Verdi and the Left. “The European directives cannot be disregarded and not applied and the extensions cannot be authorized by the individual local administrations. This is a severe defeat of the Meloni government which fought in defense of the privileges of those who pay to the State, as for example in the case of Twiga, only 20,000 euros compared to a turnover of around 4 million euros a year”. “Let’s remember – he continues – that the State collects only 107 million euros a year from beach concessions, while the total turnover is 7 billion euros, with a very high tax evasion rate. Over the years, too many Italian beaches have been transformed from ‘promenades ‘ in ‘lungomuri’, which close off the possibility of being able to see the sea, due to privatization and overbuilding: among all, one of the most emblematic cases is that of Ostia. Since 2010, the Right has been trying to disapply the Bolkestein directive, but with Today’s decision is a victory for an Italy that must not be founded on the usual privileged ones”.
CROACTS – “The findings of the Council of State had been known for days, but the ruling of the sixth section, filed yesterday, gives another resounding ‘beat’ to the senseless extension of state concessions wanted in a senseless and obstinate way in the Milleproroghe decree by all parties right-center” says Senator Marco Croatti (M5s). “The Council of State reiterated that no other extensions are possible. Italy is in violation of the Bolkestein directive which is self-applicable, therefore competition must be immediately encouraged, especially in those economic sectors where goods are scarce, such as the state property of beaches The opposite, therefore, compared to what the various umbrella patriots have been babbling for days”.
“This rejection – he continues – is coupled with the censorship that came from President Mattarella: the mockery of Fdi, Lega and Fi towards entrepreneurs in the sector are taking on the contours of a farce. Without forgetting that after Portugal, for a couple For weeks, the EU has also launched an infringement procedure against Spain, whose criteria for assigning beaches are far from impartial and without clear competitive mechanisms. Well, the next one will certainly be Italy’s turn, given that Meloni and her associates persist in not understanding that with these inconsiderate postponements companies and workers in the sector are harmed, rather than helping them”.
“A tourist asset of priority importance thus remains stranded in absurd and now obsolete logics with serious damage to the State, to virtuous realities and also to all users of the services. Meloni comes to her senses, and explains to the various Gasparris and Centinaios that it is the moment of surrender. Go back immediately to the road map of the Competition bill”.