“The occupation concessions of Italian beaches they cannot be renewed automatically but they must be subject to a procedure impartial and transparent selection“, writes the Court of Justice of the European Union. A very heavy pronouncement on the day in which the council of ministers will be called to examine the competition bill, without however the age-old question of bathing establishments.
Balneari: the ruling of the EU Court of Justice
The ruling of the EU Court of Justice comes following an appeal by the Competition Authority against the Municipality of Ginosa, in the province of Taranto. The story has its roots in 2018, the year in which Italy extended the concessions until 31 December 2033. On the basis of this provision, therefore, Ginosa extended its concessions, believing that national rules prevail over European ones, namely on the now famous Bolkenstein directive. A choice that was opposed by Agcom, according to which the Municipality violated the principles of competition and freedom of establishment. After a passage to the Tar, the question ended up on the table of the Community judges, who in addition to prohibiting automatic renewal and underlining the need to proceed with an "impartial and transparent selection", state: "National judges and administrative authorities are required to apply the rules relevant provisions of Union law, disapplying the provisions of national law which do not comply with them".
Simply put, it is now up to the national judges to decide on the case in accordance with the Court's decision. If similar disputes arise in the future, the other national courts will also have to comply. Not only that, the same Meloni government will have to take this ruling into account as a fundamental principle for intervening on the issue which, among other things, is also linked to the funds of the Pnrr and the Stability Pact.
Bathing resorts: with the Milleproroghe one-year extension of the concessions
For months, Brussels has been pushing for Italy to "urgently" find a solution to the age-old question of seaside resorts, fully implementing a directive (the Bolkestein ed.) which even dates back to 2006. In this context, we continue to do the exact opposite. In 2018, our country extended the concessions until 31 December 2033, giving itself 15 years to carry out the preparatory activities for the coveted reform of the concessions.
For years, the system of beach concessions has been at the center of our political debate. The last act took place last February, when the Milleproroghe decree, he established an additional one-year extension, until 31 December 2024, of beach concessions. A rule that has been declared illegitimate by the Council of State. The question was also addressed Quirinal, with a "recall" letter from the President of the Republic Sergio Mattarella who, promulgating the Milleproroghe, wrote to the Premier and to the presidents of the Chamber and Senate, highlighting precisely “the incompatibility profiles” of the rules on bathing establishments “with European law and jurisdictional decisions”, referring to the risk of an infringement procedure and the ruling on bathing concessions by the Council of State.
Government called to decide
Two paths are open to the Meloni government: comply with EU law, fully transposing the Bolkestein directive and putting the beaches to tender o go into a head-on collision with the EU in a period in which Italy is also in the spotlight for the management of the Pnrr and for the lack of green light for the Mes.
According to rumors, after the meeting held last week between the Prime Minister Giorgia Meloni and the European commissioner for the internal market and services Thierry Breton, the Government is convinced to take the first roadavoiding direct confrontation. The Executive could therefore decide to bring forward the deadline set by the Milleproroghe, finally accepting the EU requests. However, Meloni will have to deal with his majority colleagues: Lega and Forza ItaliaIndeed, they continue to push the request to speed up the mapping of the beaches.
