Il Italian seaside sector it is in revolt. Friday August 9th, the establishments will close their umbrellas for two hours (from 7 to 30), starting a series of strikes culminating in extended four-hour closures on Monday August 19th and up to six or eight hours Thursday August 29.
The cause of this protest is the Bolkestein Directive of the European Union, which provides for the opening of beach concessions to public tenders. Industry operators are calling on the government to protect their investments and ensure adequate compensation. But the Meloni government finds itself between two fires: respecting European laws to avoid heavy sanctions or protecting a powerful national lobby that has long represented an important economic and political stronghold. As the days pass and the deadline approaches, tension grows and the future of beach concessions is increasingly uncertain.
The tug of war over beach concessions
The controversy revolves around the Bolkestein Directive, which mandates the allocation of bathing concessions means public tenders to promote competition. The Draghi government's competition law provides that existing concessions expire on 31 December 2024, with auctions which should start from January 2025. Competitions that will have to be renewed every ten years. But the government, still without clear rules, hopes to postpone the inevitable for the umpteenth time. Without clear guidelines, around 30 concessions risk expiring without compensation, generating potential chaos for the sector.
Brussels' requests
The European Union asks Italy to stop automatic renewals of concessions and to open the market to new companies through tenders, in accordance with the Treaty on the Functioning of the European Union. The Italian Council of State has already established that the current concessions have expired and that the automatic extensions are illegitimate. Furthermore, Italy is currently below infringement procedure for not having respected European regulations. Brussels has raised objections to the application of the Bolkestein Directive in Italy, considering that the beach mapping provided by the Italian government – which indicates that 67% of the coast is available for the free market and suggests potential tourist areas – does not justify exemption from the tender process. Despite Italy's efforts to demonstrate that there is no shortage of resources, the EU remains skeptical and could take the case to the Court of Justice of the European Union.
What do beachgoers ask for?
Italian beach operators, represented by associations such as Fiba-Confesercenti and Sib, oppose the Bolkestein Directive. Their requests focus mainly on two points: the recognition of investments carried out and theindemnification for the structures built over the years. This appeal is further strengthened by the recent decision of the European Court of Justice, that the State can acquire immovable structures, such as bars and swimming pools, without reimbursement at the end of the concessions. An example is the case of Rosignano Marittimo, where the structures were expropriated without compensation.
It is surprising that the powerful Sin union, led by Antonio Capacchione and known for its opposition to everything and everyone, comes to regret Mario Draghi. Antonio Capacchione, president of the Sib union, expressed the sector's frustration by declaring: “Stop making fun of us. Let them pass the reorganization law in the Council of Ministers or at least apply Draghi's rules."
The dilemma of the Meloni government
The Meloni government finds itself between a rock and a hard place: on the one hand, the powerful lobby of Italian seaside resorts which requires protection for its investments and, on the other, the pressure of European Commission which requires compliance with competition rules. The fear is that, by accepting the tenders, Europe will then close the door to compensation requests for current dealers. A spokesperson for the European Commission underlined that the reasoned opinion represents the last stage before a possible referral of Italy to the Court of Justice of the EU. The timeframe is now tight and the transition is expected to take place in September. The mapping of the beaches presented by Rome could prove insufficient and, if the Court were to intervene, it could cancel everything.
Furthermore, they exist risks Legal significant: if the government decides to extend the beach concessions, these extensions could be invalidated by the courts, since the sentences of the Council of State and the Constitutional Court require compliance with the Bolkestein Directive. Furthermore, also the Quirinal ha requested adaptation to European standards. However, accepting these rules could trigger strong opposition from beach resorts.
“There is a discussion on the reasoned opinion of the European Commission which continues, with its complexities”, declared the Minister for European Affairs, Raffaele Fitto, in a press conference on the sidelines of thelast Council of Ministers before the summer break.
With time running out and pressure mounting from all sides, the Meloni government must find a delicate balance. Will he be able to appease Brussels without unleashing a storm from the powerful beach resort lobby? The future of concessions hangs by a thread and the game is far from over.
