The Plenary Assembly of the Council of State rules on State concessions for tourism and recreational purposes. First reading notes.

Abstract

The article provides a first reading of the decision of the IT Council of State on the affair of concessions to use the maritime public domain for tourist and recreational business activities. According to the Author, the decision, agreeing with the Court of Justice (Promoimpresa, 2016), applies a consolidated scheme in the relationship between legal systems. If it is necessary a public tender, the extension until 2033 is incompatible both with art. 49 TFUE and art. 12 services directive. As self-executing rule, it implies the duty of non-application by the public administration and the loss of effectiveness of existing concessions. Few innovative interpretations concerne the recognition of the cross-border interest and of the scarcity of the natural resource. The temporal effect of the decision is appropriately postponed to 2023. According to the Author, the Council of State tends to completely define the regulatory framework, so that the public administrations could launch calls without further legislative interventions.