Balneari, the government is looking for a way out: how can it change the law?

In the seaside resorts, the government is looking for a loophole that could save the goats and cabbages. In other words, it is aimed to amend the provision in the Milleproroghe that extends the concessions for one year without fully opening them to competition. The background is now known: by decree approved by the House and Senate and announced by Mattarella on Friday, a new postponement of the ban on baths until December 2024 (with the possibility of making concessions valid for the whole of 2025) was arranged. in the presence of objective reasons preventing the completion of the selection procedure”).

On the subject, Italy does not comply with European law. The European Commission has repeatedly threatened infringement procedure because the Italian State has not implemented a directive approved in 2006 – the Bolkestein directive – and accordingly the management of public assets must be appointed through a tender procedure. In Italy, by contrast, beaches as state-owned public assets are allocated with ten-year concessions, which are very advantageous for establishments and not very profitable for the state.

In declaring the Milleproroghe, Mattarella caused much confusion, although he was unable to block the law in the Assembly to prevent other measures being delayed. Indeed, with regard to state concessions, the head of state stated that “it is clear that profiles of incompatibility with European law and final judgments have increased the uncertainty of the regulatory framework and made further Government and Parliamentary initiatives indispensable in a short term”.

At Palazzo Chigi, the message reached loud and clear. “Compared to the rule that is officially in effect – government sources say – what the Head of State is referring to would deserve government consideration and further scrutiny compared to parliamentary powers.” It’s impossible to ignore the findings made by Mattarella. Just as it would be unwise not to consider the tangible possibility of a bloody dispute with the EU just around the corner.

According to Giancarlo Coraggio, former head of the State Council and Constitutional Court, “the risk of infringing procedure is serious”. Not just. “There are strong signs of a swift decision,” he told Ansa, “because a preliminary question is already pending before the EU Court of Justice, which decides on the expedited procedure. This is the beginning of an easily predictable quick decision.” conclusion, given the crystalline terms of the problem”.

Hypotheses on the table

So what is the government’s plan? One hypothesis is to distinguish between concessions made before 2010 (the year the Bolkestein directive was implemented in Italy) and concessions made after that date. The rate of such a provision is incomparable with whoever made a factory investment in Italy before the EU law was implemented, and then did. In this way most of the concessions will be “saved”.

Another possibility is to provide special protection to licensees: The idea is to ban concessions, satisfy Europe, but with a preferential lane for those who already have a facility. Of course, something will have to change. Also, as regards concessions, in November 2021 the Council of State had a provision that essentially gave European law without the possibility of further extension. As of December 31, 2023, we read that “all government concessions must be deemed ineffective – whether or not there is a subject inheriting the concession”.

Source: Today IT

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