La disciplina delle concessioni demaniali marittime per finalità turistico-ricreative: profili applicativi, criticità e prospettive di regolazione

Abstract

From 31 December 2024, maritime state property licenses for tourist-recreational purposes have been subject to a regulatory change. The current licenses held by private owners are now to be considered terminated, and to be reassigned through competitive public auctions, in compliance with the principles of competition, impartiality and transparency of community law. This is the result of in-depth regulatory work by Parliament and Government, which have operated in a continuous dialogue with national jurisprudence and with the European Court of Justice, to radically change the current licensing structure. After an overview of the legal framework regarding concessions of maritime assets for tourist-recreational purposes, the article focuses on the problems that public administrators find themselves facing in finding an alternative solution to license extensions (prohibited by law), and enforce the ban on public tenders, in a climate of legal uncertainty and inexperience. The objective of the notes is, therefore, to propose alternative solutions to this problem by also carrying out a brief comparative analysis on other European states dealing with the same to verify whether their reform regulations, where issued, and/or their approach can be an example. The present situation, in any case, appears delicate but it is necessary to prepare, among other things, urgently, a new and clear regulation that operationally supports the municipal levels that lack the technical skills necessary to be able to draw up indisputable tender notices. The objective is to lay the foundations so that concessions of maritime state property for tourist-recreational purposes are regulated by a logic of generalized competition from the first access to the licenses by the owners.