L’EFFICACIA DIRETTA DELLA “DIRETTIVA SERVIZI” E LA SUA ATTUAZIONE DA PARTE DELLA PUBBLICA AMMINISTRAZIONE ITALIANA: IL CASO DELLE CONCESSIONI BALNEARI

The entry into force of the “Services Directive” pointed out the issue of the coastal domain management in the Italian legislation. According to art. 12 of the Directive, Member States have an obligation to ensure that beach concessions are granted for a limited duration and through an open, public selection procedure based on non-discriminatory, transparent and objective criteria. The preferential right of the concessionaires was abolished by the Italian authorities, starting from 31 December 2012. However, subsequent amendments legislation extended the legal force of that regime further until 31 December 2033. The current Italian legislation creates legal uncertainty for beach tourism services and does not implement the Promoimpresa judgment of the Court of Justice, which ruled that the automatic extension of existing concessions is inconsistent with EU law. In this context, the administrative authorities have to deal with the conflict between national law and art. 12 of the Services Directive, recognised as a directly effective provision in the settled EU and Italian case-law.